What is a Job Termination?

The termination of the labor relationship refers to the elimination of the rights and obligations of both parties in the labor relationship. It is the end of the operation of the labor relationship. In practice, the termination of the labor relationship mainly includes the following situations: (1) the expiration of the labor contract or the termination conditions agreed by the two parties to the labor relationship; (2) the subject of the labor relationship is eliminated or loses certain qualifications; (3) the labor contract is terminated according to law or through negotiation (4) administrative decisions, arbitral awards or court decisions. It should be noted that the termination of the labor relationship does not mean the complete elimination of the rights and obligations of both parties to the labor relationship. Some specific contents will still exist for a certain period of time after the termination of the labor relationship. [1]

Termination of labor relations

Right!

The termination of the labor relationship refers to the elimination of the rights and obligations of both parties in the labor relationship. It is the end of the operation of the labor relationship. In practice, the termination of the labor relationship mainly includes the following situations: (1) the expiration of the labor contract or the termination conditions agreed by the two parties to the labor relationship; (2) the subject of the labor relationship is eliminated or loses certain qualifications; (3) the labor contract is terminated according to law or through negotiation (4) administrative decisions, arbitral awards or court decisions. It should be noted that the termination of the labor relationship does not mean the complete elimination of the rights and obligations of both parties to the labor relationship. Some specific contents will still exist for a certain period of time after the termination of the labor relationship. [1]

Chinese name

Termination of labor relations

Reason one

Expiry of labor contract

Reason two

Termination of labor contract according to law or negotiation

Reason three

Administrative decision

The reasons leading to the termination of labor relations can be analyzed from multiple perspectives. It may be objective or subjective; sometimes it comes from a certain aspect of the subject of labor relations, sometimes it is common to both parties, or from the external environment; sometimes it is a certain key factor, and more often, multiple factors are intertwined; some It is legal, some are illegal; some are closely related to the labor process, some are almost unrelated to the labor process, etc. Therefore, analyzing the causes of termination of labor relations is often more complicated. ^[1]

In different countries (regions) or at different times in the same country (region), in different enterprises, for various subjective or objective reasons, the specific ways of terminating labor relations in practice are very rich. Moreover, due to differences in customs and practices in different countries (tg regions), the basically the same termination of labor relations may have different terms, or the same terms may refer to different labor in different countries (regions) or different periods. How the relationship ends. ^[1]

Under the conditions of a market economy, the market mechanism plays a fundamental role in the allocation of labor resources. The direct handling of labor relations is determined by both parties. When the state does not formulate the corresponding labor laws and regulations, the labor relationship does not have the national coercive force because it does not have legal rights and obligations. At this time, in the entire process of the establishment of the labor relationship until its termination, the interests of both parties lacked uniform, effective, reasonable and fair protection and guarantee. Therefore, it is necessary to regulate labor relations through legal means in order to protect the legal rights of both parties, balance the interests of both parties, alleviate and resolve conflicts between the two parties in a timely manner, appropriately relieve the workers in subordinate positions, and promote the coordination of labor relations and social stability. ^[1]

The right to employment is the basis and prerequisite for workers to realize other labor rights. The employer, as the owner of the means of production and the provider of employment opportunities, has a comparative advantage in the labor relationship; while the worker, as a provider of labor, is in a relatively weak position. In the alternating movement of the establishment and termination of labor relations, the termination of some labor relations actually has its positive effects, such as retirement, early retirement, resignation, retirement, temporary dismissal, and dismissal of employers The ability or qualifications to be incompetent to work, workers with obvious mistakes or redundant staffing often means that the allocation of labor resources is optimized. Workers voluntarily leave because they believe that a new job will give them more benefits or higher satisfaction. However, if workers, especially those who are experienced or critical to the company, leave the company arbitrarily, it will bring corresponding economic expenses to the enterprise, and even cause major economic losses, reputation losses, and other adverse effects. If an employer who has a comparative advantage in labor relations uses the severance right arbitrarily in business management, the labor employment right and other labor rights will not be guaranteed, and the worker may immediately lose labor compensation and qualification accumulation. It brings frustration and many pressures to personal and family life, and even directly affects (or threatens) the living conditions of workers.

In practice, the termination of labor relations often results in various disputes due to conflicts of interests between the two parties, especially without notifying the two parties in advance, often making the other party caught off guard and more likely to cause conflicts to intensify. Therefore, relevant practical explorations and theoretical studies should be actively carried out to guide both parties to actively avoid or minimize the adverse effects that arbitrary termination of labor relations may have on individuals, businesses, families, and society; on this basis, labor must be continuously improved Relevant legislation on termination of relations compulsively regulates and supervises the termination of labor relations between the parties. Although, in practice, the actual effect of legal relief measures to correct justice often differs from the goal expected by legislation, but it is fair and reasonable to promote the termination of labor relations, protect the legitimate rights and interests of both parties in the termination of labor relations, and the relief is relatively weak The status of laborers promotes the coordination of the stability and mobility of labor relations, and the potential deterrent effect of laws and regulations has an irreplaceable role. It can be said that the legal regulation of the termination of labor relations not only involves the process and results of termination of labor relations, but also affects the overall structure of labor relations. In the long run, to some extent, the evolution of the legislative value orientation of a country's labor relations appears.