I. Basis for the Company's Notice of Dissolution of Labor Relations
According to Article 24 of the Regulations on the Implementation of the Labor Contract Law, the certificate of dissolution or termination of the labor contract issued by the employer shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post and the working years in the unit. The certificate of dissolution of labor relations is a certificate issued by the employer to prove the legal facts of dissolution or termination of labor relations. In order to reflect the external effect, only the official seal of the unit is needed, and other internal seals of the unit are not needed.
Second, the conditions for the termination of the labor contract
(I) Conditions for the employer to terminate the contract If the employee is under any of the following circumstances, the employer may directly terminate the labor contract without notice.
1, which is unqualified, that is, it is proved that it does not meet the employment conditions during the probation period;
2. Serious violation of discipline, that is, serious violation of labor discipline or enterprise rules and regulations;
3, causing damage to the enterprise, that is, serious dereliction of duty, corruption, causing significant damage to the interests of the enterprise;
4, bear criminal responsibility, that is, be investigated for criminal responsibility according to law.
(2) When the employee meets any of the following circumstances, the employer may also terminate the labor contract, but it shall notify the employee in writing 30 days in advance.
1. After the expiration of medical treatment, the laborer cannot engage in the original job or other jobs arranged by the employer;
2. The laborer is not competent for the job, and is still not competent for the job after being trained or adjusted;
3. The objective conditions on which the enterprise labor contract was concluded have changed greatly, which makes the original contract impossible to perform and the parties cannot reach an agreement on changing the contract through consultation.
The above content is Bian Xiao's relevant analysis of "Notice of Termination of Labor Relations by the Company". When the company terminates the labor relationship with its employees, it shall exercise the right to terminate the labor relationship in accordance with due process. Once the procedure is improper or the reasons for dissolving the labor relationship are improper, the laborer may apply for labor arbitration to protect his rights. For more information about the termination of labor, please consult lawyer Hengshui!
Extended reading:
How to write the agreement on termination of labor relations, and what are its contents?
How to write the certificate of termination of labor relations with the original unit
How to get the notice of termination of labor relations