1 conditions for concluding a labor contract in the model letter of dissolution of labor contract
(1) The main body of a labor contract consists of a specific employer and a worker. One party to a labor contract is an employer such as an enterprise, institution, organ or organization, and the other party is the laborer himself;
(2) Both parties to a labor contract must have the qualification of contract subject. Employers should have legal personality, and private enterprises should mainly have citizenship; Laborers must have the ability to work and the right to work. Workers must be at least 16 years old, be in good health, have a junior high school education or above, and perform well in reality;
(3) State-owned enterprises must recruit employees within the indicators of the labor and employment plan issued by the state, and go through the procedures for recruiting employees at the local labor department.
Content of labor contract
(1) Name (full name), ownership nature, legal person qualification and registration certificate number of the employer; The name, labor manual and ID number of the laborer;
(2) The national laws, regulations, policies and labor disciplines that both parties shall abide by in the performance of the labor contract. Including attendance system, post responsibility system, safe and civilized production system, factory rules and regulations, reward and punishment methods;
(3) The quantitative indicators and quality indicators that laborers should achieve in production or work or the production and work tasks that they should complete;
(4) The contract term and probation period;
(5) the production or working conditions of the enterprise. Including the education and training of workers' political ideology, professional ethics, business technology and safety production; Labor protection articles, labor tools necessary for work, working environment, etc. ;
(6) Labor remuneration and insurance benefits. Including the wages, bonuses, allowances, subsidies, family members, work-related injuries, medical care and other insurance benefits of the workers during the contract period;
(seven) the type of work, position or title of the employee;
(eight) the conditions and procedures for changing, dissolving and renewing the labor contract;
(nine) the responsibility for violating the labor contract and the way to bear the responsibility;
(10) The employer shall affix the official seal of the legal person or the special seal for the labor contract on the labor contract; Signature and seal of the legal representative or his legal representative; The signature and seal of the laborer himself; Appraisal opinions and seals of labor contract appraisal institutions;
(1 1) Other matters that both parties think need to be agreed in the labor contract. Such as housing, nursery, children's study and so on. ;
(12) Effective time of the labor contract.
Procedures for concluding labor contracts
The draft labor contract is generally put forward by the employer to solicit the opinions of the recruited workers; It can also be directly negotiated by the recruiter and the administrative representative of the enterprise, such as the factory director, manager, personnel department and section chief. Before signing the labor contract, the employing unit shall truthfully introduce itself to the recruited person, and the recruited person shall also have the right to put forward his own opinions and requirements. After full consultation, both parties shall fill in the labor contract with brush or pen, and sign and seal it. After the signing of the labor contract, it shall apply to the local labor administrative organ for verification, and file with its competent department and local labor department.
Requirements for signing labor contracts
Enterprises must abide by the provisions of national policies and regulations and adhere to the principles of equality, voluntariness and consensus when signing labor contracts with hired workers; The labor contract must be signed in writing; The contents of a labor contract must be complete and accurate.
Model of Labor Contract Termination Letter 2 Party A: Party B:
Our company signed the labor contract from * * to * * in * *.
Details are as follows:
1. The termination date of this contract is year month day.
2. Party A shall pay economic compensation to Party B according to regulations.
3. Party A shall pay Party B 1 1 monthly salary of 20xx. (settled according to actual attendance days).
4. After the termination of the Labor Contract, Party B takes up employment on its own.
5. Party B has no objection to the above terms.
Party A: * * * * Co., Ltd. Party B:
Date: Date:
Model Letter of Dissolution of Labor Contract 3 Party A: * * Co., Ltd.
Party B: _ _ _ _ _ _ (ID card: _ _ _ _ _ _ _ _ _)
On a certain day in _ _ _ _ _ _ _ _
1. Party A and Party B agree to dissolve the Labor Contract, and the date for both parties to dissolve the Labor Contract is _ _ _ _ _ _ _ _ _. When the labor contract is terminated, the labor relationship between the two parties is terminated.
Two. The expiration date of Party B's entitlement to labor remuneration and social insurance is _ _ _ _ _ _ _ _ _ _. Party A agrees to pay compensation and social insurance benefits to Party B.. , pay * * _ _ _ _ _ _ _ _ (RMB _ _ _ _ _ _ _ _) in one lump sum.
The above amount is a one-time payment, including compensation, various economic compensation, work-related injury medical treatment, overtime pay, other labor remuneration and welfare, etc. Party A shall make a lump sum payment within three days after this agreement comes into effect and Party B completes all work handover.
3. Party B confirms that there is no dispute over the amount of labor remuneration and various economic compensation payable by Party A. There are no other labor relations disputes between the two parties.
4. After both parties dissolve the labor contract, Party B shall still keep Party A's business secrets, and shall not defame, frame or maliciously slander Party A in any way, and shall not do anything that damages Party A's image or interests, otherwise Party A shall have the right to pursue Party B's corresponding legal responsibilities.
5. Party A and Party B have no other disputes except labor relations. Assuming there are other rights disputes, both parties agree to give up.
This agreement shall come into effect after being signed (or sealed) by both parties. This agreement is made in duplicate, one for each party.
Party A: Shanghai Fafa Trading Co., Ltd.
Legal representative:
Customer:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Letter of Dissolution of Labor Contract 4 Party A: _ _ _ _ _ _ Co., Ltd.
Party B: _ _ _ _ _ _ _
In accordance with the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Confidentiality System of XX Co., Ltd. and the relevant regulations of the state and local governments, Party A and Party B, on the principles of equality, voluntariness, consensus and honesty, agreed to dissolve the Labor Contract through consultation and reached the following agreement: 1. Party A and Party B reached the following agreement on.
Two. _ _ _ _ _ Party A will continue to pay the salary to Party B from _ _ _ _ _ _ _ _.
3. According to Article 47 of the Labor Law, Party A shall pay Party B the economic compensation equivalent to _ _ _ _ months' salary, totaling _ _ _ _ yuan, which shall be credited to Party B's salary card at one time on _ _ _ _.
4. Party B shall go through relevant resignation procedures before _ _ _ _ _ _ _ _ _.
Verb (abbreviation of verb) After Party A and Party B dissolve the labor contract, Party B shall not do anything that damages Party A's image or interests, otherwise Party A has the right to stop paying all the money agreed in this agreement to Party B, and has the right to pursue Party B's corresponding legal responsibilities.
6. After both parties dissolve the labor contract, Party A shall not defame Party B in any way, maliciously slander Party B, or do anything that damages Party B's image or interests, otherwise Party B shall have the right to pursue Party A's corresponding legal responsibilities.
7. Within two years after leaving the company, Party B must strictly abide by the confidentiality system of Party A to prevent the disclosure of Party A's business secrets. Party A shall pay Party B a one-time confidentiality fee of RMB _ _ _ _ _ _ _ _.
1, confidential content
(1) Party A's trading secrets, including commodity production, supply and sales channels, customer list, trading intention, trading or negotiation price, commodity performance, quality, quantity, delivery date, etc.;
(2) Party A's business secrets, including business policy, investment decision intention, product and service pricing, market analysis and advertising strategy;
(3) Party A's management secrets, including financial information, personnel information, salary information and logistics information;
(4) Party A's technical secrets, including product design, product drawings, production molds, operation blueprints, engineering design drawings, manufacturing technology, manufacturing technology, computer programs, technical data, patented technology and scientific research achievements.
2. Liability for breach of contract
(1) During the confidentiality agreement period, if Party B violates this agreement, it shall be punished according to Party A's management system.
(2) During the confidentiality agreement period, if Party B violates this agreement and causes losses to Party A, it shall compensate all the losses, return the confidentiality fee and impose a fine of 1200 yuan.
(3) During the period of confidentiality agreement, if Party B violates this agreement and constitutes a crime, it shall be investigated for criminal responsibility according to law.
Step 3 argue
In case of any dispute between Party A and Party B due to the performance of this Agreement, if no settlement can be reached, they may apply to the labor arbitration institution where Party A is located for arbitration or bring a suit in a people's court.
Eight. Supplementary explanation:
As Party B works in xx position of the company, it plays a very important role in the business development of the company. If the post handover is unclear, it will inevitably lead to faults in the company's engineering construction and other work, which will bring certain economic losses and reputation losses to the company. In order to ensure the continuity and normal development of the company's business, Party B must make a clear handover with the successor, so that he can familiarize himself with the job responsibilities and work contents as soon as possible, and then go through the resignation formalities after he can independently preside over the work, and both parties shall sign and confirm with the handover.
If the employee who takes over from Party B can't take charge of the work independently at the end of Party B's resignation period, the resignation period can be extended appropriately through consultation between both parties, but the longest period is not more than one month.
Eight. There is no other dispute between Party A and Party B. ..
Nine. This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature and seal by both parties.
Party A: _ _ _ _ _ _ Co., Ltd.
Party B: _ _ _ _ _ _
On behalf of _ _ _ _ _ _: on behalf of _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model Letter of Termination of Labor Contract 5 Party A: Yunnan Zhongmao (Group) Co., Ltd.
Party B: Huang Jing ID number: 53032419861021192x.
Yunnan Zhongmao (Group) Co., Ltd. and the budget officer of the cost contract department of Yunnan Zhongmao (Group) Co., Ltd. (Huang Jing 5303241986102192x) reached an agreement on the labor legal rights and obligations of both parties on the basis of equality, voluntariness and consensus.
(1) Both parties confirm that this agreement is a true expression of intention reached by both parties through voluntary negotiation, and there is no fraud, coercion, major misunderstanding and other circumstances that affect the effectiveness of the agreement. Both parties shall consciously abide by and perform, and shall not request invalidation, cancellation or change for various reasons. There are no other labor disputes between the two parties outside this agreement, and there are no other unpaid funds outside this agreement.
(2) Party A and Party B terminate the labor relationship on June 30, 20x. Since the termination of the labor relationship between Party A and Party B, there are no more legal disputes, including but not limited to labor disputes.
(3) Upon verification by both parties, Party A shall pay Party B fifteen thousand seven hundred and thirty-nine Yuan and fifty cents (including but not limited to all legal income and expenses that Party B shall enjoy during the service period: confidentiality fee, overtime pay, severance pay, paid annual leave compensation, social insurance premium, other forms of labor remuneration and all related economic compensation) in one lump sum within fifteen working days after the signing of this Agreement.
(4) Party B voluntarily waives other requests, and no longer complains, applies for arbitration or brings a lawsuit to the relevant departments about labor disputes such as labor remuneration, payment of social insurance premiums, various social security benefits, economic compensation and compensation. After the termination of the labor contract, there is no dispute between Party A and Party B, and Party B promises and waives any rights and interests that may exist.
(V) Party B shall not disclose all the relevant information of the company and the contents of this agreement to any individual or unit other than Party A and Party B. If Party B breaches the contract, Party B unconditionally promises to return the income of Party B under this agreement and compensate Party A for RMB 200,000 within one natural month after Party A puts forward a written compensation request.
Party A: Yunnan Zhongmao (Group) Co., Ltd. Party B (signature):
Date: xx, XX, XX: This Agreement shall come into effect after being signed (sealed) by both parties. This agreement is made in duplicate, one for each party.
Model Letter of Termination of Labor Contract 6 I. Demonstration of Termination of Labor Contract
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Enterprise name: _ _ _ _ _ _ _ _ _ _ Registered address: _ _ _ _ _ _ _ _ _ _ Registered address: _
Name: _ _ _ _ _ _ _ _ _ Gender: _ _ _ _ _ _ _ Age: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature of legal representative (person in charge) of Party A:
(Official Seal of Enterprise)
Signature of Party B on _ _ _ _ _ _:
_ _ _ _ _ _ Remarks:
1. The signing of this dismissal agreement shall not violate the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, otherwise it will be invalid.
2. According to the provisions of Article 31 of the Labor Law of People's Republic of China (PRC), the employee shall notify the employing unit in writing 30 days in advance when canceling the labor contract.
Second, what is the principle of dismissal?
1.
There must be a reason for dismissing employees. Enterprises that dispose of employees casually will never get employees who think of the enterprise wholeheartedly. Only based on facts can the dismissed employees be convinced and other employees will not be affected.
2. Decent.
Today's modernization is a win-win era. When dismissing employees, we should also fully consider the dignity of the dismissed employees, reduce the unpleasantness caused by dismissal and reduce the potential threat to the enterprise.
3. Resolute.
Courageously express the position of the enterprise, don't beat around the bush.
Once a quick decision is made, it must be resolutely implemented. The most taboo information came out, but the human resources department didn't take corresponding action, especially for employees with misconduct. The sooner the better.
Model text for dissolving the labor contract 7 Dissolving the labor contract agreement Party A: CertificateNo.:
Party B: The labor contract signed by Party A and Party B on June 65438+1October 0 1 20xx terminates the labor contract between Party A and Party B in advance. After full consultation, both parties reached the following agreement on matters related to the dissolution of the labor contract.
1. Both parties agree to terminate the labor contract on 20xx1October 3 1 day, and the labor rights and obligations of both parties will be terminated on that day. There is no dispute. Party B agrees and waives the right to file arbitration or litigation on other labor relations issues, and will not pursue the responsibilities of both parties.
2. As Party A and Party B agree to terminate the labor contract in advance, Party A shall pay Party B the economic compensation for the termination of the labor contract, and Party B agrees to calculate the average salary of 12 months before leaving the company, which is 3,000 yuan. The monthly salary of 20xx 10 was settled to 3 1, and all the wages payable were settled to * * * 3529 yuan, totaling 6529 yuan.
Yuan, in words: Wu Bai two hundred and ninety yuan only. Party B understands the provisions of the Labor Contract Law and agrees to accept the economic compensation paid by Party A. ..
Three. Party A shall pay social insurance premium for Party B until 20xx years1October 3 1. 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 obligations according to law. Neither party has violated the labor law, and the labor remuneration before the termination of the labor contract has been settled. Party B no longer needs Party A to pay any other expenses, compensation or compensation due to the performance and dissolution of the original labor contract. 5. Within 3 days after the signing of this agreement, Party B shall complete the work handover, goods return, account handover, financial loan repayment and other matters with the relevant departments of Party A.. 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.
6. After the termination of the Labor Contract, Party B is still obliged to keep the trade secrets known by Party A (including the contents of this Agreement) and shall not disclose them to any third party; Otherwise, a penalty of RMB 65,438+00,000 shall be paid to Party A.. Seven. Party B shall go to Party A within 15 days after the termination of the labor contract, and the responsibility for failing to do so within the time limit shall be borne by Party B..
Eight. After Party A and Party B dissolve the Labor Contract, Party B shall not defame Party A in any way, maliciously slander Party A, or do anything that damages Party A's image or interests, otherwise Party A has the right to pursue the corresponding legal responsibilities of the other party.
Nine. This agreement shall come into effect immediately after being sealed by Party A and signed by Party B. ..
Signature (Seal) of Party A Date (Seal) of Party B:
Model of Labor Contract Cancellation 8 Party A: xxxx Co., Ltd.
Party b: xxx
Party A and Party B signed a labor contract with a term of 1 year on 20xx, and now both parties agree to terminate the labor contract. After consultation, both parties sign this agreement as follows:
1. Since, 20xx, the labor contract signed by both parties is terminated, and the rights and obligations of both parties are terminated accordingly;
2. Party A agrees to pay Party B RMB xx0000 (in words), including but not limited to economic compensation, compensation for terminating the labor contract with advance notice and corresponding year-end bonus. After deducting the reserve fund of RMB 0,000 yuan (in words) that Party B still owes to Party A, Party A will actually pay RMB 0,000 yuan (in words) to Party B after Party B completes all the 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 for 20xx years.
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 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 company's reputation or interests after leaving the company.
6. Party B voluntarily waives all other requirements.
Party A (seal): Party B (signature or seal):
Legal representative or authorized client
(signature or seal):
Year after year, month after month, year after year.
Note: 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.
Model 9 for Dissolution of Labor Contract Party A: CertificateNo.. : party b:
The labor contract signed by Party A and Party B on 0 1 and 20xx 10/0 shall terminate the labor contract of Party A and Party B in advance. After full consultation, both parties reached the following agreement on matters related to the dissolution of the labor contract.
1. Both parties agree to terminate the labor contract on 20xx1October 3 1 day, and the labor rights and obligations of both parties will be terminated on that day. There is no dispute. Party B agrees and waives the right to file arbitration or litigation on other labor relations issues, and will not pursue the responsibilities of both parties.
2. As Party A and Party B agree to terminate the labor contract in advance, Party A shall pay Party B the economic compensation for the termination of the labor contract, and Party B agrees to calculate the average salary of 12 months before leaving the company, which is 3,000 yuan. 20xx1October 3 1 salary settlement, and all wages payable are settled * * * 3,529 yuan, totaling 6,529 yuan, in words: Wu Bai two million nine hundred and ninety-nine yuan only. Party B understands the provisions of the Labor Contract Law and agrees to accept the economic compensation paid by Party A. ..
Three. Party A shall pay social insurance premium for Party B until 20xx years1October 3 1.
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 obligations according to law. Neither party has violated the labor law, and the labor remuneration before the termination of the labor contract has been settled. Party B no longer needs Party A to pay any other expenses, compensation or compensation due to the performance and dissolution of the original labor contract.
5. Within 3 days after the signing of this agreement, Party B shall complete the work handover, goods return, account handover, financial loan repayment and other matters with the relevant departments of Party A.. 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.
6. After the termination of the Labor Contract, Party B is still obliged to keep the trade secrets known by Party A (including the contents of this Agreement) and shall not disclose them to any third party; Otherwise, a penalty of RMB 65,438+00,000 shall be paid to Party A..
Seven. Party B shall go to Party A within 15 days after the termination of the labor contract, and the responsibility for failing to do so within the time limit shall be borne by Party B..
Eight. After Party A and Party B dissolve the Labor Contract, Party B shall not defame Party A in any way, maliciously slander Party A, or do anything that damages Party A's image or interests, otherwise Party A has the right to pursue the corresponding legal responsibilities of the other party.
Nine. This agreement shall come into effect immediately after being sealed by Party A and signed by Party B. ..
Signature (Seal) of Party A Date (Seal) of Party B:
Model Letter of Dissolution of Labor Contract 10 Name of Employer: Beijing Huizhi Times Technology Development Co., Ltd.
Address: Room 10 10, Jinyanlong Building, Xisanqi, Haidian District, Beijing.
Contact person: Shi Tel: 0 10-82952070 Name of laborer:
ID number:
Position: Tel:
Hereinafter, the employer Beijing Huizhi Times Science and Technology Development Co., Ltd. is referred to as Party A, and the laborer himself is referred to as Party B. Now Party B proposes to terminate the labor contract on, for personal reasons, and the following agreement is reached on the termination of the labor contract through equal and voluntary negotiation:
Article 1: The Company approves the employee to resign and terminate the labor contract.
Article 2: Both parties agree to terminate the labor contract on, and the wages and benefits will be terminated at the same time.
Article 3: Party B guarantees to complete all handover procedures in accordance with Party A's relevant regulations and requirements within one week from the date of signing this agreement, including but not limited to: project handover, asset recovery, work remittance, payment of arrears owed by Party A, and provision of customer information. At the same time, both parties have completed all resignation procedures.
Article 4: In order to protect the rights and interests of Party A, Party B promises to abide by the following agreements after leaving the company, and will compensate Party A at least RMB 200,000 if it causes losses to Party A due to violation of the following contents.
1. Party B shall not disclose any business secrets learned from Party A during the employment period. The contents, including but not limited to the company's product copyright, salary system, marketing model and other company-related resources, are all owned by Beijing Huizhi Times Technology Development Co., Ltd. ... After the employee leaves the company, the above contents shall not be used privately or disclosed to a third party.
(2) See the attachment for the list of projects that Party B participated in during his employment. The copyright of the appeal works belongs to Party A, and Party B shall not use it privately or disclose it to a third party after leaving the company. In case of violation, Party B will compensate Party A for RMB only.
2. Do not engage in commercial activities that conflict with the company's main business within one year from the date of termination of the labor contract.
3. Don't do anything that will damage the cooperative relationship between Party A and customers.
4. For the projects that employees are engaged in during their employment, they are still obliged to give advice and guidance on their previous work after leaving the company.
Article 5: Party B promises to continue to perform other obligations agreed in the Labor Contract that Party B will continue to undertake after the termination or dissolution of the Labor Contract.
Article 6: This Agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.
Name of Party B's unit (seal):
Year, month, sun, moon, sun.