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Guangdong Chengyuxin law firm

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Telephone: 0755-83552424

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What circumstance, unit of choose and employ persons can voluntarily remove labor contract
Author:admin Time:2017-09-29

In accordance with the provisions of article 39 of the labor law, the employer may terminate the labor contract in one of the following situations:

(1) being proved to be inconsistent with the employment conditions during the probation period;

(2) serious violations of the rules and regulations of the employing unit;

(3) serious dereliction of duty or malpractice, causing significant damage to the employer;

(4) establishing labor relations with other employing units at the same time, causing serious impact on the completion of the work tasks of the unit, or refusing to make corrections after being submitted by the employing unit;

(5) that the labor contract is invalid because of the situation in the first paragraph of article 26 of this law;

(6) those who are investigated for criminal responsibility according to law.

Article 46 the employer shall pay economic compensation to the laborer in any of the following circumstances:

(1) the laborer terminates the labor contract in accordance with the provisions of article 38 of this law;

(2) the employing unit shall, in accordance with the provisions of article 36 of this law, offer to terminate the labor contract and agree to terminate the labor contract with the laborer;

(3) the employing unit shall rescind the labor contract in accordance with article 40 of this law;

(4) the employing unit shall, in accordance with the first paragraph of article 41 of this law, terminate the labor contract;

(5) in addition to unit of choose and employ persons to maintain or improve the condition of labor contract renew the labor contract, laborer does not agree to renew the situation, according to the provisions of paragraph 1 of article 44 of the termination of the fixed term labor contract;

(6) to terminate the labor contract in accordance with the fourth and fifth provisions of this law;

(7) other circumstances stipulated by laws and administrative regulations.