What Procedures Should Be Processed After The Termination Or Termination Of A Labor Contract?

< p > the forty-ninth provision of the labor contract law stipulates that "the State shall take measures to establish and improve the system of p regional pfer and continuity of labor insurance social insurance relations".

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< p > < < a href= > http://cailiao.sjfzxm.com/ > > < < /a > > fiftieth stipulates that "the employer shall give a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days."

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< p > workers should work in accordance with the agreement between the two sides.

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.

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

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< p > labor law does not specify the procedures for the termination or termination of labor contracts.

The termination or termination of labor contracts is dealt with in some regulations of the Ministry of labour.

The eighteenth provision of the Ministry of labour in 1992 on the management of staff records of enterprises (labor department's labor force word [1999]33) stipulates that the labor contract should be terminated or terminated, and the employer should file the employee's file in the new work unit within 1 months or the location of the labor department in the neighborhood where the account is located.

The notice issued by the Ministry of labour on the issues concerning the implementation of the labor contract system promulgated in 1996 stipulates that when the worker has fulfilled the relevant obligations to terminate and terminate the labor contract, the employing unit shall issue a certificate of termination and dissolution of the labor contract, which shall serve as a voucher for the worker to enjoy unemployment insurance benefits and < a href= "http://www.91se91.com/news/index_h.asp" > unemployment registration < /a > and job registration according to the regulations.

The certificate shall specify the date of the term, termination or dissolution of the labor contract and the work undertaken.

If the laborer requests, the employer can objectively explain the reasons for the rescission of the labor contract.

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< p > when the labor contract is terminated or terminated, the rights and obligations enjoyed by the employers and workers in the handover process, the time limit for the pfer of workers' files and social insurance procedures, and the legal liabilities of the parties who fail to fulfill the obligations prescribed by law are not specified.

Therefore, the labor contract law has been improved in the following aspects: < /p >

< p > (1) clearly proposed that the state should take measures to make workers basically < a href= "http://www.91se91.com/pioneer/" > endowment insurance < /a > Personal accounts with workers in the national fan.

In this way, once the labor contract is terminated or terminated, the individual accounts of the workers' basic old-age insurance can be pferred to the new working units and new areas with the workers, and the interests of the old-age insurance will not be lost.

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< p > (2) not only clearly stipulates that the employer has the requirement to issue certificates, pfer files and social insurance procedures after the termination or termination of labor contracts, and set a time limit.

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< p > (3) clearly stipulates the duty of the laborers to handle the pfer according to the agreement.

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< p > (4) clearly stipulates that the employer shall properly keep the relevant labor contract texts and accept the obligation of inspection and supervision.

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