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- 2017-10-07 发布于河南
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就业指导答案2(Career guidance answer 2)
就业指导答案2(Career guidance answer 2)
How many kinds of methods are there to terminate the labor contract?
Whether or not the act of rescission has been agreed upon by the two parties is divided into two types: termination of the agreement and unilateral rescission, in which the unilateral dissolution is divided into two types, namely, the unilateral termination of the employing unit and the unilateral rescission of the laborer.
(1) when the agreement is terminated, the employer and the employee may dissolve the labor contract by consensus through consultation.
(two) the unilateral dissolution of an employer or a worker may unilaterally terminate the labor contract in accordance with the law when it has legal circumstances, and does not need to consult with the other party:
1, the workers unilaterally lifted:
(1) unconditional unilateral lifting
An employer may terminate a labor contract in any of the following circumstances:
1 fails to provide labor protection or labor conditions in accordance with the labor contract;
2 fails to pay the labor remuneration in full and in time; the 3 labor contract is invalid;
4 an employer who forces laborers to work by violence, threat or unlawful restriction of personal freedom, or if the employer violates the rules and orders and forces them to take risks, endangers his work
If the worker is physically safe, the worker may terminate the labor contract without notice in advance.
(2) conditional unilaterally terminate three days advance notice during the probation period the employer employee may terminate the labor contract; in the non probationary period of thirty days in advance written notice to the employer may terminate the labor contract.
2, the employer unilaterally lifted
(1) if an employee has one of the following circumstances unconditionally and unilaterally relieves (a negligent dismissal), the employer may terminate the labor contract:
1 was proved not to be qualified during the probation period; 2 seriously violated the
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