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Do notification letters and notification letters have legal effect?
I. The difference between notification letter and notification letter is as follows:
1, with different scope of application. This notice is applicable to the release and communication of matters required by lower authorities and known or executed by relevant units, as well as the approval and forwarding of official documents. The circular is applicable to the announcement of matters that should be observed or known within a certain range. It can be seen that the scope of notification is greater than that of notification, and the scope of application of notification is the widest.
2. The receiving institutions are different. Notify the chief spoiler to clarify the recipient. Notices generally have no recipients;
3. The main features are different. The "Notice" has a wide range of contents and few special provisions. The notice has the characteristics of professionalism and industry, and the contents involved are generally in public security, posts and telecommunications, taxation, municipal construction and industrial and commercial management.
4. The degree of command is different. From the point of view of users, the function of notice is mainly to ask lower-level organs to carry out matters that are well known or carried out by relevant units, which shows that notice is mandatory and binding to a certain extent. The purpose of notification is to require subordinates or related units to abide by or be known by hard steel.
Second, how to write the contract termination notice and matters needing attention
How to write the notice of termination of contract? The format is as follows: To the Company: Your company and our company signed an agreement on (related contents of the agreement). After the agreement is signed, our company will fully perform the contractual obligations (performance) as agreed in the agreement, but your company still fails to perform the relevant contractual obligations. During this period, after repeated communication between our company and your company, your company has been procrastinating and shirking, and has not fulfilled its contractual obligations so far. In addition, your company has never informed us of its plan to fulfill its contractual obligations. Your company's behavior has seriously violated the above agreement, which constitutes a fundamental breach of contract and also hurts the trust of both parties.
3. Can I apply for arbitration if I don't accept the notification letter from the company?
1. After applying for labor arbitration, the labor arbitration committee will decide whether to accept it or not. If accepted, the case will be closed within 45 days from the date of filing. If the case is complicated, it may be extended by 15 days with the approval of the director of the Labor Arbitration Commission; In other words, the labor arbitration will be closed within 60 days at most;
2. After applying for labor arbitration, if the employer fails to apply for cancellation of the arbitration award or bring a lawsuit to the court within the statutory time limit after receiving and issuing the labor arbitration award, the labor arbitration award will take effect, and if the respondent fails to execute it within the time limit, the applicant may apply for compulsory execution;
Legal basis:
Law on mediation and arbitration of labor disputes
Article 43 The arbitration tribunal shall make a ruling on the labor dispute case within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.
Article 50 If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.
People's Republic of China (PRC) Civil Code
Article 465 A lawfully formed contract shall be protected by law.
A legally established contract is legally binding only on the parties, except as otherwise provided by law.
Article 565 If one party claims to terminate the contract according to law, it shall notify the other party. When the notice reaches the other party, the contract is terminated; If the notice states that the debtor fails to perform the debt within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within the time limit, the contract will be terminated at the expiration of the time limit specified in the notice. If the other party disagrees with the termination of the contract, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.
If one party brings a lawsuit or applies for arbitration to claim to terminate the contract without notifying the other party, and the people's court or arbitration institution confirms this claim, the contract shall be terminated when a copy of the complaint or arbitration application is served on the other party.
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