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The labor contract expires or legal conditions exist

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The labor contract expires or legal conditions exist


        

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  • 2024-06-18 00:00:01

    According to the provisions of Article 23 of the Labor Law of China, the labor contract will be terminated when it expires or the conditions for termination of the labor contract agreed by the parties appear. This termination belongs to natural termination.
    If one party to the labor contract dies during the performance of the labor contract, such as the worker party dies or the employer declares bankruptcy, the labor contract relationship will be terminated.
    In addition, if the labor dispute arbitration organ decides or the people's court decides to terminate the labor contract, the relationship determined by the labor contract will also be terminated. These two kinds of termination can be called unnatural termination of labor contract.
    The conditions for the termination of labor contracts stipulated in Article 23 of the Labor Law are general provisions, while the provisions of the Labor Contract Law on the termination of labor contracts are special provisions in terms of legal effect. Therefore, these special provisions cannot be included in the termination conditions of the labor contract.
    At the same time, even if the contents of the above special provisions are not stipulated as the conditions for termination of the labor contract, if these conditions occur, it is also necessary to consider whether the special provisions are met. That is, when the conditions for termination of the labor contract appear, if the employee is in the medical treatment period or the female employee is in the pregnancy, maternity or lactation period, the labor contract cannot be terminated. Only when the medical treatment period, pregnancy, maternity or lactation period expires, the labor contract can be terminated.
    According to Article 23 of the Labor Law of the People's Republic of China, the labor contract shall terminate upon the expiration of the labor contract or the occurrence of the conditions for termination of the labor contract agreed by the parties.

    2024-06-18 00:00:01

  • civil Relevant knowledge

  • law

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