Can the employment contract be terminated at any time?

Generally speaking, the hired workers cannot terminate the contract at any time. The employer needs to notify the institution in writing 30 days in advance before it can terminate the employment contract. However, if both parties agree otherwise on the dissolution of the labor contract, such agreement shall prevail.

According to the relevant regulations of our country, there are three kinds of contract dissolution: negotiation dissolution, agreement dissolution and legal dissolution. Termination by negotiation means that the parties voluntarily terminate the contract after reaching an agreement through negotiation, which is generally subject to express written form, such as signing the termination agreement, by letter, fax, email, SMS, etc. Termination of agreement means that when the termination conditions agreed in the contract are met, one party obtains and exercises the right to terminate the contract and notifies the other party to terminate the contract. When the notice reaches the other party, the contract is terminated. If the other party raises an objection, it needs to request the people's court to confirm the validity of the termination of the contract. Legal rescission means that one party obtains and exercises the right of rescission to terminate the contract according to the law, and exercising the right of legal rescission also requires fulfilling the obligation of notification. In addition, if the law stipulates or the contract stipulates the time limit for exercising the right of recall, the right of recall shall be exercised within this time limit, and if it is not exercised at the expiration of the time limit, the right of recall shall be extinguished.

What's the difference between an employment contract and a labor contract?

1. The scope of application is different. The main body of narrow labor contract is enterprise, and the scope of employment contract is mainly public institution;

2. The degree of government intervention is different, and the state still implements macro-management of public institutions in some important aspects;

3. Different management and supervision departments.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 38. Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;