How to Properly Serve a Notice of Forced Termination of a Labor Contract
When serving a notice of forced termination of a labor contract, it should generally be delivered directly to the human resources department of the enterprise. In cases where the enterprise unilaterally decides to terminate the labor contract, it should notify the worker at least 30 days in advance, negotiate on economic compensation matters, and at the same time complete preparations for work handover.
A forced resignation notice is a written document prepared by the worker in order to protect his or her lawful rights and interests. Before submitting it to the employer, it is recommended that the worker first collect relevant evidence, so that there will be evidence to rely on in subsequent rights protection procedures. If the employer fails to pay the amounts due on time, the worker may take the evidence and file an arbitration application with the labor arbitration committee.
According to legal provisions, a notice of termination of a labor contract may be issued by either the worker or the employer. When a worker terminates a labor contract, he or she shall notify the employer in writing at least 30 days in advance. At this time, the notice is of a prior notice nature. According to Article 9 of the Interim Provisions on Wage Payment, when the two parties lawfully terminate or end a labor contract, the employer shall pay the worker’s wages in one lump sum at the time of termination or ending of the labor contract.
If the employee has objections to the company’s termination decision, he or she may apply for labor arbitration according to law in order to protect his or her own rights and interests. When serving the Notice of Termination of Labor Contract, the method of direct service should be adopted, and it should be handed personally to the employee. If the employee refuses to sign for receipt or if direct service is difficult, a written explanation should be prepared and relevant evidence should be preserved in case of future need.
After the employer and the worker reach agreement through consultation, the labor contract may be terminated. When serving the notice of termination of the contract, there are five methods available: direct service, substituted service, service by mail, service by public announcement, and service by transfer. In specific operations, according to the employee’s household registration address and current residence address, delivery should be made directly by going to the employee’s home, and at least two persons should go together, in order to ensure the legality of the service.
Response Measures After Receiving a Notice of Forced Termination of a Labor Contract
An employee’s signature on the receipt of the Notice of Termination of Labor Contract only indicates that he or she has received the notice, but this does not mean agreement with the company’s termination decision. If the employee has objections to the company’s decision, he or she has the right to apply for labor arbitration according to law in order to protect his or her lawful rights and interests.
After the company receives the Notice of Forced Termination of Labor sent by the employee, it marks the formal termination of the labor relationship between the two parties. The employee has the right to require the company to pay the corresponding economic compensation. If the company refuses to pay wages, economic compensation, or refuses to handle the resignation procedures, the employee may apply to the labor arbitration institution for arbitration.
When an employee is forced to terminate the labor contract, the employer usually needs to pay compensation. According to relevant legal provisions, if the employer forces labor by means of violence, threats, or unlawful restriction of personal freedom, or withholds or unreasonably delays wages, or pays wages below the local minimum wage standard, thereby causing termination of the contract, the employee has the right to demand compensation.
The compensation standards for forced termination of a labor contract include payment of the worker’s labor remuneration and economic compensation, and compensation damages may also be paid. The method for calculating the economic compensation for forced termination of a labor contract is that where the employee has worked for the employer for one full year, compensation equivalent to one month of the average wage in the twelve months prior to the termination of the labor contract must be paid.
Detailed Explanation of the Methods of Serving a Notice of Forced Termination of a Labor Contract
In actual operation, when using the Notice of Forced Termination of Labor Relationship, it is recommended to adopt written form, for example by mailing through EMS, in order to ensure the completeness of the chain of evidence. Template 1 provides a basic EMS mailing template, listing common unlawful circumstances and requiring payment of economic compensation; Templates 2 and 3 show cases arising from special reasons such as work injury and social insurance issues.
The valid methods of service for a notice of forced termination of a labor contract include direct service, service by mail, service by public announcement, and service by transfer. In specific operations, the most suitable method of service should be selected according to the actual circumstances.
When mailing a notice of forced termination of a labor contract, EMS is usually chosen because it has an official background, reliable service, and is widely used in the mailing of legal documents, and therefore has relatively high recognition and evidentiary force. If other courier services are used, such as FedEx, it should be ensured that the courier company can provide a stamped mailing voucher, and in some cases notarization by a notary office may be required.
Service by public announcement refers to the court making litigation documents public by means of posting announcements, publishing in newspapers, and the like, and after a certain period of time, service is legally deemed completed. The period for service by public announcement in civil litigation is 60 days, therefore the period for service by public announcement is sixty days.