In today’s social life, agreements are needed in more and more places. Signing an agreement can bind both parties to perform their responsibilities. How should the agreement be written appropriately? The following is a collection of labor contract termination agreements that I have compiled. It is for reference only. Let’s take a look at it. Regarding the Labor Contract Termination Agreement 1
Party A (employer): Anhui Tianda Changyun Plastic Industry Co., Ltd.
Party B (laborer): ID number:
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Party A and Party B signed a 3-year fixed-term agreement on the termination of the labor contract on the day of the year. Party B now applies to Party A for early termination of the agreement on the termination of the labor contract between the two parties. , Party A agrees to terminate the labor contract with Party B in an agreement on the termination of the labor contract.
After full negotiation between the two parties, the following agreements were reached on matters related to the termination of labor and the agreement on the termination of the labor contract:
1. Both parties unanimously agreed to terminate the labor and the agreement on the termination of the labor contract in March. , the labor rights and obligations of both parties terminate.
2. Because Party B proposed to terminate the labor contract with Party A, in accordance with the provisions of the "Labor Law on the Termination of the Labor Contract Agreement", please note the provisions of the "Labor Law on the Termination of the Labor Contract Agreement" .
3. Party A and Party B hereby confirm that:
During the performance of the labor agreement on the termination of the labor contract, both parties have signed a written labor agreement on the termination of the labor contract in accordance with the law. Party B has fulfilled its obligations in accordance with the law, including social insurance, labor protection, etc. that Party B should enjoy. Neither party has violated any labor laws or regulations. Termination of Labor The labor remuneration (including overtime wages, bonuses, subsidies, etc.) before the date of termination of the labor contract agreement has been settled. Party B will no longer require Party A to pay any other fees, compensation or compensation due to the performance or termination of the labor contract termination agreement by the original employee.
4. After the labor agreement on the termination of the labor contract is terminated, Party B still has the obligation to keep Party A’s business secrets (including the contents of this agreement) known to it, and shall not disclose them to any third party, and shall keep them within 2 days Within the year, he shall not take a job in a unit that competes with Party A, and within two years, he shall not set up an enterprise that competes with Party A or engage in the production and sales of products related to Party A's trade secrets.
5. This agreement will take effect after it is stamped by Party A and signed by Party B. This Agreement is made in two copies, one copy each for Party A and Party B.
Party A (seal): Party B (signature):
Agreement on the termination of the labor contract on the day of the year 2
Employer: ( (hereinafter referred to as Party A) Employee: (hereinafter referred to as Party B)
According to the "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China" and other relevant regulations, After consensus, both parties A and B reached the following agreement on the termination of the labor contract:
Article 1. Termination of the labor contract
The labor contract relationship between Party A and Party B shall be This agreement will be terminated upon signing, and all rights and obligations between the parties will be terminated after this agreement comes into effect.
Article 2, Salary, Social Security and Economic Compensation
Party B confirms that before signing this agreement, Party A has fulfilled all obligations of the employer and paid full salary to Party B in accordance with the law. , handle social security and pay various economic compensations. After signing this agreement, Party B shall not claim any rights against Party A due to labor relations.
Article 3. Work handover and resignation procedures
Before signing this agreement, Party A and Party B have completed the work handover and resignation procedures, and Party B’s social security will be handled by Party B on its own.
Article 4. Obligation of confidentiality
After the labor contract is terminated, Party B still has the obligation to keep Party A’s business secrets known to it and shall not disclose them to any third party.
Article 5. Dispute Resolution
If any dispute arises between Party A and Party B due to the performance of this Agreement, it shall be settled through friendly negotiation between the two parties.
Article 6: Others
This agreement is made in two copies, with each party holding one copy. It will take effect from the date of signature and seal of both parties.
Party A: Party B:
Agreement on the termination of the labor contract on the day of the year 3
Party A: ** Co., Ltd.
Party B: __________ (ID card: ____________________)
Party A and Party B signed an indefinite term (or __________ year, __________, month __________) on __________, month __________ (fixed term) labor contract, now that Party B has proposed to terminate the labor contract through negotiation, after full negotiation between Party A and Party B, the following agreement has been reached on the termination through negotiation:
1. Party A and Party B agree to terminate the labor contract, and both parties terminate the labor contract. The date is __________, month, __________, __________ hour, 20___________. The labor relationship between the parties is terminated when the labor contract is terminated.
2. The deadline for Party B to enjoy labor remuneration, social insurance and other benefits is __________ on __________, month, __________, 20___________. Party A agrees to pay Party B a total lump sum of ***__________ yuan (RMB￥__________ yuan) for all benefits including compensation and social insurance benefits.
The above amount is a one-time settlement amount, including compensation, various economic compensations, medical treatment for work-related injuries, overtime wages, other labor remuneration and benefits, etc. Party A shall pay in full within three days after this agreement takes effect and Party B completes the handover of all work.
3. There is no dispute that Party B confirms the amount of labor remuneration and various economic compensations payable by Party A. The two parties no longer have any other disputes on labor relations issues.
4. After Party A and Party B terminate the labor contract, Party B shall still keep Party A’s business secrets and shall not slander, frame, or maliciously slander Party A in any way, or in any way that damages Party A’s image or interests. Otherwise, Party A has the right to pursue Party B's corresponding legal liability.
5. Party A and Party B have no other disputes other than labor relations issues. If there are other disputes over rights and interests, both Party A and Party B agree to abandon them.
6. This agreement will take effect upon signature (or seal) of Party A and Party B. This agreement is made in two copies, with Party A and Party B each holding one copy.
Party A: Shanghai Fafa Trading Co., Ltd.
Legal representative:
Client:
20_________ _________month__________day
Party B (Signature):
Agreement on the termination of the labor contract on _________month__________day, 20________year 4
Party A: Guizhou Meijiao Liquor Co., Ltd.
Party B: , ID number:
Party A and Party B signed a contract on the year, month, day. The term is from the year, month, day to the year. The labor contract was signed on the date of month, and the working period is month. According to the provisions of the Labor Contract Law, both parties agreed to negotiate to terminate the labor contract relationship. After consensus reached by both parties, this agreement is signed as follows:
1. Starting from the month and day of 20xx, the labor contract signed by both parties will be terminated, and the rights and obligations of both parties will be terminated accordingly;
2. Party A agrees to settle the following amounts after Party B has properly completed all work handover procedures: a) Party A's average monthly salary in 20xx is RMB yuan.
b) Economic compensation to be given in accordance with the "Labor Contract Law": *** RMB yuan, capitalized: c) Party B still owes Party A debts and asset loss compensation: *** RMB yuan.
3. Party A shall pay social insurance premiums for Party B until December 31, 20xx
4. Party A shall provide Party B with notice of termination of the labor contract in accordance with relevant labor laws and regulations. Prove and handle relevant termination procedures;
5. Party B shall properly handle all work handover procedures within 1 day after signing this agreement, and shall not engage in behavior that damages the company's reputation or interests after resignation.
6. Party B voluntarily gives up all other claims.
7. This agreement is made in two copies. Each Party A and Party B shall hold one copy. It will take effect from the date of signature or seal of both parties.
Party A (seal):
Party B (signature): Agreement on the termination of the labor contract 5
Party A:
Party B:
Party A and Party B signed a labor contract for a period of 20 years on the year, month and day. Now that the contract has expired, Party A and Party B will negotiate on a voluntary and equal basis on matters related to the termination of the labor relationship. Signing this agreement:
1. Starting from the day, month, year, the labor contract signed by both parties will be terminated, and the rights and obligations of both parties will be terminated accordingly;
2. Party A agrees to properly handle it in Party B After all work handover procedures, Party B will be paid a total of RMB ( ) including but not limited to economic compensation, various subsidies, benefits, etc.
3. Party A shall pay social insurance for Party B until day, month and year.
4. Party A shall provide Party B with proof of termination of the labor contract and handle relevant exit procedures in accordance with relevant labor laws and regulations;
5. Party B shall 3 days after signing this agreement Properly complete all work handover procedures within a day, and do not engage in behavior that damages the company's reputation or interests after resignation.
6. Party B guarantees that after resigning, it will not disclose in any way the information of Party A that it has mastered and understood during the period of working for Party A. Otherwise, Party B shall bear to Party A liquidated damages equivalent to the salary of the year before resignation and compensation for All economic losses caused to Party A.
7. Party B voluntarily gives up all other demands.
Party A (seal): Party B (signature or seal):
Announcement on the termination of the labor contract 6
Labor Case
Before the labor contract expired, Yang, an employee of a company in Nanning City (Guangxi), was fired because he ranked last in the company's annual evaluation. After signing the "Labor Contract Termination Agreement" with the company and receiving more than 18,000 yuan in compensation, Yang sued the company to court. Yang believes that the company's unilateral dismissal violated the Labor Law and that he should be paid the difference in labor compensation for three months based on his length of service and the difference in salary for an additional month, totaling more than 16,800 yuan. Recently, the Xingning District People's Court of Nanning City concluded the case and rejected Yang's lawsuit. Yang was dissatisfied and appealed.
The employee sued the original company
Although he received compensation, Yang still could not let go of the company's dismissal of him. He believes that according to the relevant provisions of the Labor Law, even if he ranks last in the assessment, it does not mean that he is not qualified for the job. If he is indeed not qualified for the job after assessment, the company should first provide him with training or adjust his job position. When the company arbitrarily kicked him out, he believed that the company had violated the Labor Contract Law.
Subsequently, Yang applied to the Nanning Labor Arbitration Commission for arbitration, requesting the company to pay him the difference in labor compensation for three months based on his length of service and pay the difference in wages for an additional month, totaling more than 16,800 yuan. Yuan.
The Nanning Municipal Arbitration Commission believes that the "Notice of Termination of Labor Contract" signed by Yang and the company is the true expression of the intentions of both parties, and the termination of the labor relationship between the unit and Yang is legal.
In January this year, the Nanning Municipal Arbitration Commission made a ruling: rejecting Yang’s appeal. Unsatisfied, Yang filed a lawsuit with the Xingning District People's Court of Nanning City, requiring the company to pay him compensation totaling more than 16,800 yuan.
"Last-ranked elimination" dismissal is illegal
Implementing the "last-ranked elimination system" and dismissing the lowest-ranked employees, is it legal for the company to do so? The court held after hearing that, A company in Nanning City notified Yang to terminate the labor contract on the grounds that Yang's 20xx annual performance appraisal score ranked last in the department, which was a unilateral request to terminate the labor contract. Even if Yang is indeed found to be incompetent for the job, the company should first train Yang or adjust his job position. Therefore, the company's notice of termination of the labor contract to Yang on February 1, 20xx has no factual and legal basis. Therefore, although Yang received the notice of termination of the labor relationship, the labor relationship between the two parties was not necessarily terminated because Yang received the notice, but should be terminated when Yang actually no longer provides labor for the company or when both parties confirm the termination time, etc. Matters shall prevail.
On March 9, 20xx, Yang and a company signed the "Labor Contract Termination Agreement". It was entered into voluntarily by both parties. It was the result of consensus reached by both parties and did not violate the law or administrative regulations. The prohibitive provisions of regulations are legal and valid and binding on both parties.
In the agreement, both Yang and a company have confirmed that the labor contract relationship was terminated on February 28, 20xx, and clarified the economic compensation that a company should pay to Yang for the termination of the labor relationship, An additional month's salary was paid, and Yang also received the payment. On the premise that the agreement is legal and valid, Yang once again asked a company to pay compensation for the termination of the labor contract and one month's extra salary in accordance with the relevant provisions of illegal termination of labor relations, which has no factual and legal basis. Accordingly, the court rejected Yang’s claim in accordance with the law.
Three situations can lead to dismissal
The so-called "elimination at the bottom" means that the employer sets a certain assessment indicator system based on its corporate strategy and specific goals. Based on this indicator system A performance management system that assesses employees based on standards and eliminates employees with lower scores based on the assessment results can effectively stimulate employees' enthusiasm for work.
But this management system is a "double-edged sword." According to my country's "Labor Law", the employer may terminate the labor contract under one of three circumstances, but it must notify the employee in writing 30 days in advance: (1) The employee is sick or injured not due to work, and the medical treatment period expires After that, the employee is unable to engage in the original job or the job arranged separately by the employer; (2) The employee is not competent for the job, and after training or adjusting the job position, he is still unable to do the job; (3) The labor contract is based on The objective situation has undergone major changes, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through negotiation. Therefore, there is no legal basis for the employer to unilaterally terminate the labor contract with the employee on the grounds of "elimination of the last position."
In real labor relations, the employee who ranks last in the unit’s performance appraisal is not necessarily incompetent for the job. Even if he is not qualified for the job, the employer should provide him with training or adjustments in accordance with the law. jobs. If the employee is still incompetent for the job, the labor contract can be terminated unilaterally and economic compensation must be paid. Otherwise, the company will bear the legal risk of illegally terminating the labor contract.
In this case, it was illegal for a company in Nanning to fire Yang on the grounds of "elimination from the last position." However, Yang signed a "Labor Contract Termination Agreement" with the company and received compensation, which means that Yang recognized the company's dismissal. Under this premise, there is no legal basis for Yang to require the unit to pay compensation for illegal termination of labor relations.
Regarding the Labor Contract Termination Agreement 7
Party A: (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B)
1. Party A and Party B have reached a friendly agreement After negotiation, Party A's poor management led to the inability to operate normally. Party A proposed to terminate the labor contract (or probation period contract) in advance, and both parties agreed; both parties confirmed that the labor relationship was terminated on the year, month and day;
2. Party B’s wages will be paid until _________year________month, and shall be settled in one lump sum on the effective date of this agreement. Party A confirms that Party B has completed all work handovers.
3. According to the provisions of Article 22 of the "Labor Contract", the labor contract will be terminated after paying Party B an additional month's salary. The termination of the "Labor Contract" will not affect the confidentiality clause in the contract and the confidentiality clause signed by both parties. `The effectiveness of the "Confidentiality Agreement";
4. After this agreement comes into effect, there will be no further disputes between the two parties.
5. This agreement will take effect once signed or sealed by both parties, and the "Labor Contract" ("Trial Period Contract") will be terminated at the same time.
Party A (seal): Party B (signature or seal): Legal representative or authorized person Year and month (signature or seal):
Year and month About the labor contract Termination Agreement 8
Party A (employer) ___________________.
Party B (worker) ______________, ID number: ____________________.
Party A and Party B A labor contract with an indefinite term of __ years was signed on ____ month ____. Party B now applies to Party A to terminate the labor contract between the two parties in advance. Party A agrees to terminate the labor contract with Party B. After full negotiation between the two parties, the following agreement was reached on matters related to the termination of the labor contract.
1. Both parties agree to terminate the labor contract on the day, month, year, and the labor rights and obligations of both parties will be terminated.
2. Because Party B proposed to terminate the labor contract with Party A, according to the provisions of the Labor Contract Law, Party A does not need to pay Party B economic compensation, compensation, etc. for the termination of the labor contract. Party B is aware of the provisions of the Labor Contract Law and does not require Party A to pay economic compensation, compensation and other expenses.
3. Party A shall pay social insurance premiums for Party B until ____ month ____.
4. Party A and Party B hereby confirm that: During the performance of the labor contract, both parties have signed a written labor contract in accordance with the law, and Party A has performed its obligations in accordance with the law, including the social insurance, labor protection, etc. that Party B should enjoy. . Neither party has violated any labor laws or regulations. Labor remuneration (including overtime wages, bonuses, subsidies, etc.) before the date of termination of the labor contract has been settled. Party B will no longer require Party A to pay any other fees, compensation or compensation due to the performance or termination of the original labor contract.
5. Party B shall complete the work handover, return of items, account handover, and repayment of financial loans with the relevant departments of Party A (original department, labor, finance, logistics, etc.) within seven days after signing this agreement. and other matters (see the "List of Work Handover and Settlement of Money and Materials after Employee Resignation"). If any external business that Party B is responsible for has not been settled, Party B shall be responsible for checking the current accounts clearly and provide the statement with the seal and signature of the other party (or Proof of arrears) shall be submitted to Party A’s financial department. Otherwise, Party B will be responsible for compensation for any losses caused to Party A.
6. After the labor contract is terminated, Party B still has the obligation to keep the commercial secrets of Party A (including the contents of this agreement) that it knows and shall not disclose them to any third party. Otherwise, Party B shall pay liquidated damages to Party A. Yuan. If Party B signs a "Confidentiality Agreement" or a "Non-competition Agreement" with Party A before terminating the labor contract, it shall still abide by the provisions of the original agreement.
7. Within 5 days after Party B has completed all handovers, Party A will provide Party B with certificates of termination of the labor contract, party and group relations, and family planning.
Party B shall go to Party A to handle the transfer procedures for files, social insurance, party and league relations, and family planning relations within 15 days after the labor contract is terminated. Party B shall be responsible for any failure to do so within the time limit.
8. After Party A and Party B terminate the labor contract, Party B shall not defame, slander, maliciously slander Party A in any way, or conduct any behavior that damages Party A’s image or interests, otherwise Party A shall have Party B has the right to pursue corresponding legal responsibilities.
9. This agreement will take effect after it is stamped by Party A and signed by Party B. This agreement is made in quadruplicate, with one copy each for Party A and Party B, and one copy each for the Pension Insurance and Unemployment Insurance Offices.
Party A (seal) Party B (signature)
Year Month Day