What are the employer's responsibilities when terminating an employment contract?
(Baonghean.vn) - Question: My company will soon terminate labor contracts with many employees. I would like to ask: What is the employer's responsibility when terminating a labor contract? What is the employee's responsibility when terminating a labor contract? ([email protected])
Payword:
1. Responsibilities of the Employer when terminating the labor contract
Pursuant to Clause 1, Article 45, Clause 1 and Clause 3, Article 48, Labor Code No. 45/2019/QH14,
a) Must notify the employee in writing of the termination of the employment contract, except in certain cases as prescribed by labor law.
b) Within 14 working days from the date of termination of the labor contract, fully pay all amounts related to the employee's benefits.workers
The following cases may have the payment period extended but not more than 30 days:
- The employer is not an individual who ceases operations;
- The employer changes structure, technology or for economic reasons;
- Division, separation, consolidation, merger; sale, lease, conversion of enterprise type; transfer of ownership and right to use assets of enterprises and cooperatives;
- Due to natural disasters, fires, enemy attacks or dangerous epidemics.
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In the coming time, the number of workers being cut and having their contracts terminated will be very large. Illustration photo: Diep Thanh |
c) Complete the procedure for confirming the period of social insurance and unemployment insurance payment and return it along with the original copies of other documents if they have been kept by the employee;
d) Provide copies of documents related to the employee's work process if requested by the employee. The cost of copying and sending documents shall be paid by the employer.
2. Employee's responsibilities when terminating the labor contract:
Pursuant to Clause 1, Article 48,Labor CodeNo. 45/2019/QH14, within 14 working days from the date of termination of the labor contract, the employee shall fully pay all amounts related to the employer's rights./.