Labor termination agreement 1 (model version)
Xuzhou XXX file
Certificate of termination of labor contract
According to the provisions of Article 1 of the Labor Contract Law of People's Republic of China (PRC), the labor contract (relationship) signed by our unit and Mr./Ms. (ID number, personal social security code) on. (If Article 36 is selected, please indicate who first proposed to terminate the labor contract through consultation).
According to the provisions of Article 1 of the Labor Contract Law of People's Republic of China (PRC), the labor contract (relationship) signed by our unit and Mr./Ms. (ID number, personal social security code) on. (If Article 36 is selected, please indicate who first proposed to terminate the labor contract through consultation). .
Employer of unit manager (official seal)
date month year
Description:
1. Article 50 of the Labor Contract Law stipulates that when an employer dissolves or terminates a labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of files and social insurance relations for the employee within 15 days. If the employing unit violates the provisions of this law and fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, thus causing damage to the laborer, it shall be liable for compensation.
2. If the employer terminates the labor contract through consultation with the employee according to Article 36 of the Labor Contract Law, it shall also indicate who first proposed to terminate the labor contract through consultation.
3. This certificate is printed by the employer, and it is invalid if it is handwritten or altered. As a normative document for the employer to handle resignation registration and unemployment insurance filing, this certificate shall be kept by the agency and the employer at the same time.
4. The terms of the reasons why the employer chooses to dissolve or terminate the labor contract must be those stipulated in the Labor Contract Law, otherwise this certificate is invalid.
5. This certificate can be issued for several persons who simultaneously dissolve or terminate the labor contract.
6. Attachment: Provisions of the Labor Contract Law on the dissolution or termination of labor contracts.
Attachment: Provisions of Labor Contract Law on Dissolution or Termination of Labor Contract:
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
Note: (1) The employer proposes to terminate the labor contract with the employee, and the employee agrees to terminate the labor contract through consultation.
(2) The laborer proposes to terminate the labor contract with the employing unit and negotiate with the employing unit to terminate the labor contract. Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 44 A labor contract shall be terminated under any of the following circumstances:
(a) the expiration of the labor contract;
(two) workers began to enjoy the basic old-age insurance benefits according to law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) The employing unit is declared bankrupt according to law;
(5) The business license of the employing unit is revoked, ordered to close down or revoked, or the employing unit decides to dissolve in advance;
Article 2 of Labor Termination Agreement Party A (Employer):
Party B (laborer): ID number:
Party A and Party B signed a one-year non-fixed-term labor contract on XX, and now Party B voluntarily applies to Party A to terminate the labor contract. Through equal consultation between both parties, Party A agrees to terminate the Labor Contract with Party B, and both parties reach the following agreement on the termination of the Labor Contract:
1. Both parties agree to terminate the labor contract on XXXXX, and the labor rights and obligations of both parties will be terminated accordingly.
2. As Party B voluntarily proposes to terminate the labor contract with Party A, according to the provisions of the Labor Contract Law, Party A does not need to pay economic compensation and compensation to Party B for the termination of the labor contract. Party B is aware of the provisions of the Labor Contract Law and does not require Party A to pay economic compensation and compensation.
Three. Party A shall pay social insurance premium to XXXXX for Party B..
Four. Party A and Party B hereby confirm that during the performance of the labor contract, both parties have signed a written labor contract according to law, and Party A has fulfilled its corresponding obligations according to law. Neither party has violated labor laws and regulations. Labor remuneration (including overtime pay, bonuses, subsidies, etc.). ) Before the date of termination of the Labor Contract, both parties have settled all accounts. Party B will not ask Party A to pay any other expenses, compensation or compensation for the signing, performance and dissolution of the original labor contract.
5. Party B shall complete the handover procedures with relevant departments of Party A (original departments, labor, finance, logistics, etc.). ) within seven days after the signing of this agreement. If the foreign business handled by Party B is not liquidated, Party B shall be responsible for checking the current accounts and submitting the statement (or debt certificate) signed by the other party to the financial department of Party A.. Otherwise, if losses are caused to Party A, Party B shall be responsible for compensation.
After the termination of the labor contract with intransitive verbs, Party B is still obliged to keep Party A's known business secrets (including the contents of this agreement) and shall not disclose them to any third party, otherwise it shall pay liquidated damages to Party A. If Party B signs a confidentiality agreement and a non-competition agreement with Party A before the termination of the labor contract, it shall still abide by the original agreement.
7. Within 5 days after Party B completes all handover, Party A shall provide Party B with the certificate of dissolution of the labor contract. Party B shall go to Party A within 15 days after the termination of the labor contract to handle the transfer procedures of the relationship between archives and social insurance. If it fails to do so within the time limit, Party B shall be responsible.
Eight. After Party A and Party B dissolve the Labor Contract, Party B shall not defame, vilify or maliciously slander Party A in any way, or do anything that will damage Party A's image or interests, otherwise Party A shall have the right to pursue Party B's corresponding legal responsibilities.
Nine. This agreement shall come into effect after being sealed by Party A and signed by Party B. This agreement is made in quadruplicate, one for each party, and one for the pension insurance and unemployment insurance agencies.
Party A (seal): Party B (signature):
Year, month, sun, moon, sun.
Article 3 of Labor Termination Agreement Party A: XX Co., Ltd. (hereinafter referred to as Party A)
Party B: ××× (hereinafter referred to as Party B)
Party A and Party B signed a one-year labor contract on, and now both parties agree to terminate the labor contract. Upon consensus of both parties, the latest sample of dissolution of labor contract is as follows:
1。 Since the termination of the labor contract signed by both parties, the rights and obligations of both parties shall be terminated accordingly;
2。 Party A agrees to pay Party B RMB (in words) including but not limited to economic compensation, compensation for terminating the labor contract with advance notice and corresponding year-end bonus after Party B completes all work handover procedures. After deducting the reserve fund RMB (in words) that Party B still owes to Party A, Party A will actually pay RMB (in words) to Party B after Party B completes all work handover procedures.
3。 Party A shall pay four funds (including basic old-age insurance, basic medical insurance, unemployment insurance and housing accumulation fund) for Party B until.
4。 According to relevant labor laws and regulations, Party A shall issue a certificate of dissolution of the labor contract to Party B and handle relevant dismissal procedures;
5。 Party B shall properly handle all work handover procedures within 3 days after the signing of this agreement, and shall not do anything harmful to the reputation or interests of the company after leaving the company, otherwise it will bear corresponding legal responsibilities and all losses caused thereby.
6。 Party B voluntarily waives all other requirements.
This latest sample of labor contract dissolution shall come into effect after Party A and Party B sign (seal) and affix the special seal for Party A's labor contract;
Party A (seal): ××××× Co., Ltd. Party B (signature or seal): ××××××
Legal representative or authorized client
(signature or seal):
Year, month, sun, moon, sun.
Note: This latest labor contract dissolution sample is made in triplicate, and each copy has the same legal effect. Party A and Party B shall hold one copy each, and the other copy shall be kept in Party B's personal file.
Matters needing attention in the latest sample of labor contract dissolution:
According to the second paragraph of Article 39 of the Labor Contract Law, if the rules and regulations of the employer are seriously violated, the employer may terminate the labor contract.
There are two places to pay attention to:
First, the rules and procedures of the unit must comply with the provisions of the law;
Second, the termination of the contract by the employer as stipulated in this article should be understood as the unilateral right of the enterprise, that is, the enterprise can unilaterally terminate the contract. As long as the company completes the relevant procedures, whether the employee comes back to handle the resignation does not affect the termination of the contract.
Article 4 of Labor Termination Agreement Party A: (Employer)
Legal representative:
Party B: (laborer)
ID number:
Party A and Party B signed a labor contract on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 If Party A needs to terminate the labor contract with Party B in advance due to its own reasons, Party A shall give Party B certain economic compensation.
1. The employing unit conducts rectification in accordance with the provisions of the Enterprise Bankruptcy Law;
2. Serious difficulties occur in the production and operation of the employing unit;
3, enterprise production, major technological innovation or management mode adjustment, after the change of the labor contract, still need to reduce staff.
Article 2 If Party B is pregnant, the Labor Contract shall be dissolved through negotiation between both parties. Party A shall pay Party B wages and benefits after Party B completes the handover procedures. And pay economic compensation and other compensation in accordance with the law.
Social security and provident fund should be paid to _ _ _ _.
Article 3 Party B shall complete all work handover procedures within 3 days after the signing of this agreement, and Party A shall issue a certificate of dissolution of the labor contract to Party B and handle relevant resignation procedures. Party B voluntarily waives all other requirements.
Article 4 This Agreement shall come into effect after being signed by both parties, each holding one copy, which has the same legal effect.
Party A (seal):
Legal representative:
date month year
Party B (signature):
date month year
Article 5 of Labor Termination Agreement of Party A:
Party B:
Party A and Party B signed a labor contract on xx, xx, with a term of xx years, and now both parties agree to terminate the labor contract. After consultation, both parties sign this agreement as follows:
1. Since xx, 20xx, the labor contract signed by both parties is terminated, and the rights and obligations of both parties are terminated accordingly;
2. Party B's salary is settled until the date of resignation, and the payment time is the normal salary payment time of Party A. Party B's bonus is RMB, and the expenses such as travel expenses, transportation expenses and mobile phone fees total xx yuan. All the above expenses are deducted from income tax, and Party A agrees to pay it to Party B in one lump sum within three days after Party B completes the handover procedures.
3. Party A agrees to pay economic compensation of xx yuan to Party B. (Before tax) Party A agrees to pay it to Party B in one lump sum within three days after Party B completes the handover procedures.
4. Party A shall pay the basic old-age insurance, basic medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing accumulation fund for Party B until xx.
5. According to relevant labor laws and regulations, Party A shall provide Party B with the certificate of dissolution of the labor contract and handle relevant dismissal procedures;
6. Party B shall properly handle all work handover procedures within 3 days after the signing of this agreement, and shall not do anything harmful to the company's reputation or interests after leaving the company.
7. Party B shall keep any business secrets of Party A (including the contents of this Agreement) and shall not disclose them to any third party, otherwise, Party B shall pay Party A a liquidated damages of xx yuan. ..
8. There is no non-competition agreement between Party A and Party B. After the termination of this contract, Party B is not required to perform any non-competition obligations.
9. This agreement is all arrangements and provisions for both parties to resolve labor disputes, and there are no other labor disputes between the two parties.
This agreement is made in triplicate, each of which has the same legal effect. Party A and Party B shall hold one copy each, and the other copy shall be kept in Party B's personal file. This agreement shall come into force as of the date of signature by both parties.
Party A (seal): Party B (signature or seal):
Legal representative or authorized client
(signature or seal):
Year, month, sun, moon, sun.
Article 6 of the labor termination agreement. : _ _
Termination of labor relations agreement
Party A:
Party B: ID number:
Through consultation, Party A and Party B unanimously agreed to dissolve the labor relationship between them on, and reached the following agreement for both parties to abide by:
Article 1 Party A shall pay Party B the salary until the year, month and day. All social insurance paid by Party A for Party B will last until. Party B shall transfer its social security, archives, party organization and other relationships within 15 days from the date of dissolution of the labor contract.
Article 2 Party B shall complete the handover of work, return the property borrowed from Party A, settle the financial accounts and leave the company before leaving the company.
Article 3 Before leaving the job, Party B shall still perform his duties, abide by Party A's labor discipline and rules and regulations, actively cooperate with Party A to complete the work handover, return the property borrowed from Party A, settle the financial accounts and go through the resignation procedures.
Article 4 Party A (Yes/No) needs to pay economic compensation to Party B according to law. ..
Upon confirmation by Party B, Party B's average monthly salary for 65,438+02 months before the signing of this Agreement was RMB Yuan, and his working experience in Party A was years. Party A will pay economic compensation to Party B in one lump sum after the handover of Party B's work, and Party B will collect it from Party A on.
Or written as: Through negotiation, Party B confirms that Party A needs to pay economic compensation to Party B in one lump sum, and Party B will collect it from Party A..
Article 5 Upon confirmation by Party B, Party B has clearly known all the rights stipulated by relevant laws or policies, and all the remuneration and benefits during Party A's work have been settled. There is no dispute between the two parties, and Party B will no longer claim any rights from Party A on labor relations and other contents.
Article 6 This Agreement shall come into force as of the date of signature by both parties. This agreement is made in duplicate, each party holds one copy, which has the same effect.
Party A: (Seal)
Party B: (signature) date.
Termination of Labor Agreement Article 7 Termination Agreement of Labor Contract
Party A:
Party B: (employee number:)
Party A and Party B signed a labor contract with or without fixed term on, and now Party A proposes to terminate the labor contract through negotiation. Through consultation, Party A and Party B agree to dissolve the Labor Contract and reach the following agreement:
1. The date of dissolution of the labor contract is: MM DD YY;
2. The economic compensation (liquidated damages) paid by Party A is RMB;
Third,;
Four. This Agreement shall come into effect after Party A and Party B sign (seal) and affix the special seal for Party A's labor contract;
5. This Agreement is made in duplicate, with each party holding one copy.
Party A (company): Party B (signature):
Legal representative or entrusted agent:
20xx Year Month Day 20xx Year Month Day
Article 8 of Labor Termination Agreement of Party A:
Legal representative:
Contact telephone number:
Contact address:
Party B:
Name of identity document:
Contact telephone number:
Contact address:
Party A and Party B have signed a _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Starting from _ _ _ _ _ _ _ _
2. Party A agrees to pay Party B RMB _ _ _ _ _ _ _ (in words) after Party B completes all work handover procedures, including but not limited to economic compensation, compensation for terminating the labor contract with advance notice and corresponding year-end bonus. And deduct RMB _ _ _ _ _ _ _ _ _
3. Party A pays four funds (including basic old-age insurance, basic medical insurance, unemployment insurance and housing accumulation fund) to _ _ _ _ _ _ _ _.
4. According to relevant labor laws and regulations, Party A shall provide Party B with the certificate of dissolution of the labor contract and handle relevant termination procedures.
5. Party B shall properly handle all work handover procedures within 3 days after the signing of this agreement, and shall not do anything harmful to the reputation or interests of the company after leaving the company, otherwise it will bear corresponding legal responsibilities and all losses caused thereby.
6. Party B voluntarily waives all other requirements.
7. This latest sample of dissolution of labor contract shall come into effect after both parties sign (seal) and affix the special seal for labor contract of Party A..
Party A (signature or seal):
date month year
Party B (signature or seal):
date month year