1. Format
Name of enterprise (Party A):
Name of employee (Party B):
Party A and Party B entered into a labor contract with a term of
years on. Now, after being proposed by Party A, both parties agree to terminate the labor contract through consultation.
(This agreement is made in triplicate, one for each party, and one for the Labor and Personnel Bureau of the Bonded Area, which has the same legal effect. )
party a (seal)
party b (signature):
legal representative
(or entrusted agent):
mm, yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy Current cause (please tick one of the following):
□ 1. The labor contract expires;
□2. Workers begin to enjoy basic old-age insurance benefits;
□3. The worker is dead or missing;
□4. The employer goes bankrupt;
□5. The employer suspends business (the employer is revoked of its business license, ordered to close down, revoked or decided to dissolve early);
□6. Others: (Other circumstances stipulated by laws and administrative regulations).
our company decided to terminate the labor contract with this comrade from. This is to certify that the average salary of this comrade in the twelve months before the termination of the labor contract is RMB yuan. According to the provisions of relevant labor laws and regulations, our unit paid him economic compensation of RMB yuan in accordance with the law, and the salary was paid until the month of.
employee's signature:
year month day
employer (seal)
year month day
Extended information
Chapter IV of the Labor Contract Law stipulates that there are two ways to dissolve and terminate the labor contract, one is to dissolve the labor contract, and the other is to terminate the labor contract.
In most cases, the most important difference between dissolving and terminating a labor contract is whether the labor contract expires. If the labor contract has not expired, it is to terminate the labor contract; The expiration of a labor contract means the termination of the labor contract.
The subject who voluntarily proposes to dissolve or terminate the labor contract is the enterprise or employee, and the labor law also has different provisions on notification obligation and compensation. Analyzing from the above two angles, there will be the following four situations:
1. In the case that the labor contract has not expired and the enterprise terminates the labor contract with the employee
, the enterprise needs to notify the employee 3 days in advance and pay the employee one month's salary compensation for each full year of employment, which is the source of the so-called N+1;
second, the labor contract has not expired, and the employee terminates the labor contract with the enterprise
In this case, the employee resigns, and the employee needs to notify the enterprise in writing 3 days in advance, and can leave the company after 3 days without obtaining the consent of the enterprise.
iii. when the labor contract expires, the enterprise and the employee terminate the labor contract
that is, when the labor contract expires and is not renewed, the enterprise proposes that the labor contract will not be renewed with the employee, and according to the labor law, there is no need for advance notice. Therefore, there is no one-month "payment in lieu of notice" when the labor contract is terminated. (Except in some places, for example, if Beijing needs to give a 3-day notice not to renew the contract, please check the local labor laws and regulations for details).
compensation should also be paid for the termination of a labor contract, and the calculation method is the same as that for the termination of a labor contract. However, since the legal basis for paying compensation for the termination of a labor contract is the Labor Contract Law promulgated on January 1, 28, the compensation for the termination of a labor contract will be calculated from January 1, 28.
iv. when the labor contract expires, the employee terminates the labor contract with the enterprise
that is, the employee does not renew the labor contract. In this case, the employee has no obligation to notify in advance, that is, the employee may or may not explain to the enterprise in advance. Employees can not continue to work after the contract expires and the work is handed over. Of course, due to the need for enterprises to pay salaries, transfer files, transfer social security, issue resignation certificates and other follow-up work, it is suggested that employees do not need to be unhappy with enterprises when leaving their jobs.
As an enterprise, no matter what causes employees to leave their jobs, it is not only conducive to the retention of on-the-job employees, but also to their reputation in the industry to handle the resignation procedures clearly when leaving their jobs.
As an employee, no matter if you have any problems with the enterprise in the past, when you leave your job, you must handle the follow-up things well, which will not affect the normal work of the enterprise, but also leave a good memory for your career.
Reference: Baidu Encyclopedia _ Termination of Labor Contract Agreement