1, the employer and the employee must sign an agreement to terminate the labor relationship. According to the law, after the expiration of the employee's resignation, the employer shall issue a notice for the employee to terminate the labor relationship and handle the resignation procedures for the employee.

2. Legal basis: According to Article 50 of the Labor Contract Law of People's Republic of China (PRC), the employing unit shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for transferring the relationship between files and social insurance for the workers within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

Second, how to compensate for the termination of labor relations

How to compensate for the termination of labor relations: the compensation standard for the company to terminate labor relations and dismiss employees is to pay employees economic compensation according to law. If the employer has formulated rules and regulations, and the system has gone through legal procedures such as employee signature confirmation or publicity, and the employee violates the rules and regulations of the employer, the employer may terminate the labor contract according to the company's rules and regulations without paying economic compensation.

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

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