Traditional Culture Encyclopedia - Almanac inquiry - What are the procedures for employees to negotiate with the unit to terminate the labor contract?

What are the procedures for employees to negotiate with the unit to terminate the labor contract?

Legal analysis: The process of dissolving labor relations through negotiation is: 1. Proposal to terminate the labor contract: both the company and employees have the right to propose to terminate the labor contract; 2. Reaching an agreement: both parties reach an agreement on the basis of voluntary and equal consultation; 3. Notify the trade union: The company's personnel department will notify the trade union of the reasons for the termination of the labor contract, and the trade union will put forward opinions, study the opinions of the trade union and make a decision, and inform the trade union of the results; 4. Handle the work handover, and the personnel department of the company arranges relevant employees to handle the work handover; 5. Settlement of salary and economic compensation: after the employee completes the work handover, the financial department will settle the account and pay the employee's salary; If the company proposes to terminate the contract, it shall also settle accounts and pay economic compensation to the employees; 6. Termination of the labor contract: After the above process is completed, the labor contract will be terminated through negotiation between both parties; 7. When the decision to terminate the labor contract is delivered to the opposite party (laborer), it can be considered to be delivered directly (by express or express mail) or even through newspapers or announcements. When necessary, the above delivery matters can be notarized to ensure that the delivery is foolproof. 8. Issue the certificate of resignation: when the labor contract is dissolved, the personnel department will issue the certificate of dissolution of the labor contract, and handle the transfer procedures of the relationship between the files and social insurance for the workers;

9. Filing: The original text of the dissolution of the labor contract, the original electronic file and the evidence of the violation of labor discipline by the laborer shall be filed for at least two years.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation and good faith. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded when establishing labor relations. If a labor relationship has been established and a written labor contract has not been concluded, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the employee may terminate the labor contract through consultation.