Obligations Of The Parties After The Termination Or Termination Of The Labor Contract

Workers should handle the handover in accordance with the agreement between the two parties.

The employer shall pay the economic compensation to the laborer in accordance with the relevant provisions of this law, and shall pay for it when the work is completed.

The employer shall keep the text of the labor contract which has been terminated or terminated for at least two years for reference.

This article is about the termination or termination of a labor contract.

The labor contract shall be terminated or terminated according to law. After the end of the labor relationship, the rights and obligations stipulated in the labor contract shall be concluded, but the parties to the original labor contract shall still perform the relevant legal obligations.

In the process of formulating the labor contract law, some opinions reflect that, after the termination or termination of the labor contract, some employers find it difficult to work hard for workers, do not issue proof of termination or termination of labor contracts, detain workers' files, and equivocate social insurance issues.

Some opinions suggest that some workers leave without saying good-bye in practice, others do not handle job pfer procedures, which leads to confusion in the work of employers and affects normal production activities.

Some opinions hold that in many labor dispute cases, due to the lack of labor contract texts, labor relations are hard to confirm, and rights and obligations in labor contracts are hard to prove.

This article is mainly aimed at the problems in practice.

I. The employer has the obligation to discharge or prove the termination of the labor contract.

In accordance with the provisions of the labor contract law and relevant laws and regulations, the employer must perform the obligation to terminate or terminate the labor contract according to the provisions of the labor contract law and the termination of the labor contract. This includes the cancellation of the labor contract by the employer, the termination of the labor contract according to law, the termination of the labor contract by the employer and the worker according to law, and the cancellation or termination of the labor contract by the employer in accordance with the law according to the employer's illegal termination or termination of the labor contract.

The time required for the employer to issue proof is to terminate or terminate the labor contract in accordance with the law.

It is stipulated that the employer shall have the obligation to discharge or prove the termination of the labor contract, mainly considering the convenience of the laborers for the registration of unemployment.

The sixteenth article of the regulations on unemployment insurance promulgated by the State Council in 1999 stipulates that after the unemployment of staff and workers in urban enterprises and institutions, they shall hold the certificate of termination or dissolution of labor relations issued by their units, and go to the designated social insurance agency for unemployment registration in a timely manner.

According to the provisions of the unemployment insurance Ordinance, the termination or dissolution of labor relations certificate issued by the employer is a necessary condition for unemployment registration. Therefore, the labor contract law shall not only issue the certificate of termination or dissolution of the labor contract for the unemployed in a timely manner, but also stipulate the legal obligation.

In the eighty-ninth article, it is stipulated that the employer fails to issue a written proof of termination or termination of the labor contract to the laborers in violation of this law, which shall be ordered by the labor administrative department to make corrections, and the employer shall bear the liability of compensation for causing losses to the laborer.

Two, the employing unit has the obligation to pfer workers' archives and social insurance relations within fifteen days.

In practice, it is common for employers to detain workers' files and do not explicitly inform workers about the payment of social insurance. Therefore, the labor contract law has made special provisions.

The first is to stipulate that it is a statutory duty of the employer to pfer the files and social insurance relations to the laborers.

Secondly, the time limit is stipulated for the relevant formalities, and it must be completed within fifteen days after the termination or termination of the labor contract in accordance with the law.

The third clause of the eighty-fourth clause of the labor contract law stipulates that a worker shall terminate or terminate the labor contract in accordance with the law, and the employer shall detain the laborer's files or other articles. The labor administrative department shall order the worker to refund the worker within a prescribed time limit, and impose a fine on the basis of a standard of 500 yuan or 2000 yuan for each worker.

The draft labor contract law stipulates that employers perform these obligations within thirty days.

In the process of modification, considering the termination or termination of the labor contract, the workers will have to wait thirty days to complete the files and social insurance procedures, which is too expensive for the workers who are guiding the employment.

At the same time, it also takes into account that there is a process for handling the relevant formalities, which takes a certain time. Therefore, it is changed to fifteen days. It is worth mentioning that the "day" does not refer to working days, but the last day is a holiday, and the relevant provisions are postponed to the next working day.

Three, workers have the obligation to handle the handover work according to the two sides' agreement and the principle of honesty and credit.

When a worker terminates or terminates the labor contract, he must not walk away from it. He must also perform the corresponding legal obligation, that is, he should abide by the principle of honesty and credit and handle the duty of handover.

The reason for stipulates that workers have the obligation to handle job pfer is mainly considering the actual situation of the employing units. In order to keep the relevant work of the employer in an orderly and smooth way, it will not affect the normal production and operation after the workers change their jobs.

Job pfer mainly includes the return of company property and the pfer of data.

Four, the employing unit has the obligation to pay the laborers financial compensation when handling the handover formalities.

At the same time, the employer should pay the financial compensation in time.

The second provision of the Ministry of Labour's "economic compensation for violating and relieving labor contracts" stipulates that the economic compensation for laborers shall be issued at once by the employing units.

If the employer fails to grant economic compensation in time, the eighty-fifth clause of the labor contract law stipulates the legal responsibility: to terminate or terminate the labor contract, and to pay the economic compensation to the laborers in accordance with the provisions of this law, the labor administrative department shall order the time limit to pay the economic compensation; if the payment is not paid, the employer shall pay the worker the compensation according to the standard of fifty percent or more of the amount payable below one hundred percent.

Five. The employer has the obligation to save at least two years for the text of a labor contract which has been terminated or terminated.

In practice, some labor disputes occurring after the termination or termination of labor contracts are often caused by the changing circumstances. The loss of the labor contract texts leads to the fact that the contents of the labor contract can not be verified.

The labor contract text is also one of the important contents of supervision and inspection by the labor administrative department.

Considering that the labor contract text is a basic document recording the rights and obligations of both parties of a labor contract, the employer has the obligation to retain relevant archives. Therefore, the labor contract law stipulates that the employer has at least two years' obligation to reserve the labor text that has been terminated or terminated.