劳动合同解除
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职场小贴士|注意!这些情形用人单位不得解除劳动合同
蓝色柳林财税室· 2026-01-28 15:10
Core Viewpoint - The article discusses the regulations surrounding labor contracts in China, particularly focusing on the conditions under which employers cannot terminate labor contracts and the rights of employees during layoffs and contract renewals [4][6][10]. Summary by Sections Labor Contract Regulations - Labor contracts establish the relationship between employees and employers, outlining rights and obligations [2]. - Employers are prohibited from terminating labor contracts under specific circumstances, such as when employees are suspected of occupational diseases or have not undergone required health checks [4]. Conditions for Termination - According to Article 40 of the Labor Contract Law, employers can terminate contracts with a 30-day written notice or by paying one month's salary under certain conditions, including: - Employees suffering from occupational diseases or injuries confirmed to have lost part or all of their work capacity [6]. - Employees who are ill or injured not due to work during the specified medical period [6]. - Female employees during pregnancy, maternity leave, or breastfeeding [6]. - Employees who have worked for 15 years and are within five years of retirement [6]. Layoff Procedures - Article 41 outlines the procedures for layoffs, requiring employers to notify the labor union or employees 30 days in advance if they need to reduce staff by 20 or more or if the reduction constitutes over 10% of the workforce [6]. - Employers must prioritize retaining employees with longer-term contracts or those with family responsibilities during layoffs [10]. Contract Expiration and Economic Compensation - Article 44 states that contracts that reach their expiration date are considered terminated, and economic compensation is required unless the employee does not agree to renew the contract under improved conditions [7][8]. Trial Period Termination - During the trial period, employers can terminate contracts if employees do not meet hiring conditions, and employees can notify employers three days in advance if they wish to terminate the contract [9].
哪些情形劳动者能与用人单位解除劳动合同?
蓝色柳林财税室· 2026-01-13 10:19
Group 1 - The core viewpoint of the article emphasizes the conditions under which employees can terminate their labor contracts with employers, as outlined in the Labor Contract Law Implementation Regulations [5] - Employees can terminate contracts if there is mutual agreement with the employer, or if they provide written notice 30 days in advance, among other specified conditions [5] - Specific conditions for termination include failure of the employer to provide labor protection, timely payment of wages, or legal compliance, as well as instances of coercion or unsafe working conditions [5] Group 2 - After the termination of a labor contract, employers are required to issue a certificate of termination and handle the transfer of labor archives and social insurance within 15 days [7] - Employees must complete work handover as agreed, and employers are obligated to pay economic compensation during this process [7] - Upon termination, employers must settle all wages owed to employees at once, and employees are not required to return the labor contract to the employer [9][10]