What Is an Employee Separation Agreement?

A labor contract refers to an agreement between the employee and the employer to establish a labor relationship and clarify the rights and obligations of both parties. Its terms include the duration of the labor contract, work content, labor protection and labor conditions, labor compensation, labor discipline, conditions for termination of the labor contract, liability for breach of the labor contract, etc. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate laws and regulations.

Termination of labor contract agreement

A labor contract is when a worker

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Chapter IV of the Labor Contract Law stipulates that the termination and termination of a labor contract indicates that there can be two methods to terminate the employment relationship between the enterprise and the employee. One is: termination of the labor contract, and the other is: termination of the labor contract. Different procedures and compensations are different.

In most cases, the most important difference between termination and termination of a labor contract is whether the labor contract expires. If the labor contract does not expire, it is the termination of the labor contract; when the labor contract expires, it is the termination of the labor contract.

The subject of the initiative to terminate or terminate a labor contract is an enterprise or an employee. The labor law also has different provisions on notification obligations and compensation. From the above two perspectives, the following four situations will occur:

I. The labor contract has not expired, the enterprise and the employee terminate the labor contract

In this case, the company needs to notify employees 30 days in advance, and pay one month's salary compensation every one year according to the employee's entry time. This is the source of the so-called N + 1. For the specific calculation method of compensation, please refer to the following: , Should not get termination compensation (click to open).

Second, the labor contract has not expired, the employee and the company terminate the labor contract

In this case, the employee is resigning, and the employee needs to notify the company in writing 30 days in advance, and can leave the company after 30 days without the consent of the company. For reference: I have resigned, what should I do? (Click to open)

3. The labor contract expires, the enterprise and the employee terminate the labor contract

That is, when the labor contract expires and is not renewed, the enterprise proposes that it is no longer necessary to renew the labor contract with the employees. According to the labor law, no advance notice is required. Therefore, there is no problem of one month's notice for termination of the labor contract. (Except in some places, such as Beijing need to notify 30 days in advance not to renew, specifically check local labor regulations).

Compensation is also required for termination of a labor contract. The calculation method is the same as for termination of a labor contract. However, because the legal basis for the payment of compensation for termination of a labor contract is the Labor Contract Law promulgated on January 1, 2008, Compensation is calculated from January 1, 2008.

4. When the labor contract expires, the employee and the enterprise terminate the labor contract

That is, the employee does not renew the labor contract. In this case, the employee does not have the obligation to notify in advance, that is, the employee can explain to the company in advance or not. When the contract expires, the employee can no longer continue to work after the transfer of work. Of course, due to the follow-up work such as salary distribution, file transfer, social security transfer, and employment certificate, it is recommended that employees do not need to make the company unpleasant when leaving.

As an enterprise, no matter what causes the employee's resignation, when leaving the company, clearing the resignation procedures clearly is not only conducive to the retention of employees, but also to their reputation in the industry.

As an employee, regardless of any previous holidays with the company, when leaving the company, you must handle the follow-up matters, without affecting the normal work of the company, and leave a good memory of your career. ^[2]