Contract termination agreement

9 essays on termination of contract agreement

Now men, women and children may need an agreement, and signing an agreement can give them legal support. I believe many of my friends are very uneasy about the proposed agreement. Here are nine termination agreements I collected for you. Welcome to learn from them, I hope it will help you.

Termination of Contract Agreement 1 Party A (former employer): XX

Party B (former employee): XX

According to the requirements of relevant laws and regulations, in order to improve the terms of employment and clarify the responsibilities of both parties, Party A and Party B have reached the following agreement on the signed contract through full consultation:

1. Party A and Party B agree to dissolve the labor contract signed in XX.

2. Party B shall handle the dismissal formalities according to the original employment contract.

3. Party B shall go through the handover procedures within three days from the date of signing this agreement, and hand over all relevant materials such as vouchers and statements used (managed) in the business to Party A. If Party B goes through the handover procedures slowly or has incomplete handover materials, which causes losses to Party A's work, Party B shall bear all responsibilities; Within three working days after the handover formalities are completed, Party A shall be responsible for paying Party B the settlement salary and the economic compensation of Party B's two-month salary standard.

Four. After the termination of the original contract, Party B shall not do anything that damages Party B's reputation and interests, otherwise it shall be liable for compensation.

V. This contract shall come into force as of the date of signature and seal by both parties. This agreement is made in triplicate, one for each party and relevant departments, and each copy has the same legal effect.

Party A (seal): XX

Party B (signature and seal): XX

Legal representative (signature) XX

XXXX，XXXX，XX，XX

Contract Termination Agreement Chapter II Labor Cases

The labor contract did not expire, but Yang, an employee of a company in Nanning (Guangxi), was dismissed because the company ranked lower in the annual assessment. After signing the Labor Contract Termination Agreement with the company and obtaining compensation of 1.8 million yuan, Yang took the company to court. Yang believes that if a company unilaterally dismisses a violation of the labor law, it should pay its own three-month labor remuneration difference and an extra one-month salary difference according to the length of service, that is, 1.68 million yuan. A few days ago, the People's Court of Xingning District of Nanning concluded the case and rejected Yang's claim. Yang refused to accept the appeal.

The employee sued the original unit.

Although he got the compensation, Yang still couldn't let go of the company's dismissal. He believes that according to the relevant provisions of the labor law, even if he ranks last in the assessment, it does not mean that he is incompetent. If he is really incompetent after examination, the company should also train him or adjust his post first. The company "kicked him out" without authorization, and he thought that the company violated the Labor Contract Law.

Subsequently, Yang applied to the Nanning Labor Arbitration Commission for arbitration, demanding that the company pay the difference in labor remuneration for three months and the difference in salary for an extra month 1.68 million yuan according to the length of service.

Nanning Arbitration Commission believes that the Notice of Termination of Labor Contract signed by Yang and the company is the expression of the true meaning of both parties, and it is legal for the unit to terminate the labor relationship with Yang. On June 5438+ 10 this year, Nanning Arbitration Commission ruled that Yang's appeal was rejected. Yang refused to accept it and filed a lawsuit with the People's Court of Xingning District, Nanning, demanding that the company pay its compensation of 1.68 million yuan.

The "last elimination" dismissal is illegal.

Is it legal for the unit to implement the "last elimination system" and dismiss the bottom employees? After hearing the case, the court held that a company in Nanning informed Yang to terminate the labor contract relationship on the grounds that Yang's 20xx annual performance appraisal results ranked at the bottom of the department, which was a unilateral request to terminate the labor contract relationship. Even if Yang is really incompetent after examination, the company should first train Yang or adjust his post. Therefore, the notice of dissolution of the labor contract made by the company on February 1 20xx has no factual and legal basis. Therefore, although Yang received the notice to terminate the labor relationship, the labor relationship between the two parties was not necessarily terminated because Yang received the notice, but should be based on matters such as Yang actually no longer providing labor services for the company or the time when both parties confirmed the termination.

On March 9th, 20xx, Yang signed the Agreement on Termination of Labor Contract with a company on a voluntary basis, which was the result of consensus reached by both parties. It does not violate the prohibitive provisions of laws and administrative regulations, is legal and effective, and is binding on both parties.

In this agreement, both Yang and Company A have confirmed the termination of the labor contract relationship on February 28th, 20xx, and made it clear that Company A should pay Yang the economic compensation for the termination of the labor relationship and the extra one-month salary, which Yang has also received. On the premise that the agreement is legal and valid, Yang once again asked a company to pay compensation for the termination of the labor contract relationship and one month's extra salary according to the relevant provisions on the illegal termination of labor relations, which has no factual and legal basis. Accordingly, the court rejected Yang's claim according to law.

Three cases can be dismissed.

The so-called "elimination at the bottom" refers to the performance management system that the employer sets a certain evaluation index system according to its enterprise strategy and specific goals, and evaluates employees based on this index system, and eliminates employees with low scores according to the evaluation results, which can effectively stimulate employees' enthusiasm.

But the management system is a "double-edged sword". According to one of the three situations stipulated in China's Labor Law, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the medical treatment expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation. Therefore, there is no legal basis for the employer to unilaterally terminate the labor contract with the laborer on the grounds of "last elimination".

In actual labor relations, the worker who ranks last in unit performance appraisal is not necessarily incompetent. Even if they are incompetent, the employer should provide them with training or adjust their jobs according to law. If the laborer is still incompetent, he may unilaterally terminate the labor contract and must pay economic compensation. Otherwise, the enterprise will bear the legal risk of illegal termination of the labor contract.

In this case, it was illegal for a company in Nanning to dismiss Yang on the grounds of "last elimination". However, Yang signed the Agreement on Termination of Labor Contract with the company and received compensation, which means that Yang recognized the dismissal of the company. Under this premise, there is no legal basis for Yang to ask the unit to pay compensation for illegal termination of labor relations.

Article 3 of the Contract Termination Agreement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _ _ _ _ _

Both parties signed a labor contract on _ _ _ _ _ _ _ _. Now, due to Party B's resignation due to job change, according to Item 7 of Article 6 of the Labor Contract, both parties reach an agreement to dissolve the Labor Contract:

1. Party B's salary will be paid to _ _ _ _ _ _ _ _ _ _ _.

Model labor contract for employees of enterprises and institutions

Name of Party A (employer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ Age: _ _ _ _ _ _ _ Gender: _ _ _ _ _ _ _ _ _ _ _ Nationality: _ _ _ _ _ _ _ _ _ _ Household registration: _ _ _ _ _ _ _ _

Resident ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 1 The term of this contract is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

I. The term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The probation period is _ _ _ _ months (days).

2. This contract is open-ended, and shall come into effect on.

The conditions for termination of the labor contract are as follows:

( 1) : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The term of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 3 Labor remuneration. Party A shall pay Party B the monthly salary according to the relevant regulations of the state and this Municipality, and the salary shall not be lower than the minimum wage standard stipulated by this Municipality.

2. Party A pays wages in cash every month. Those who are in arrears or fail to pay their wages without reason shall pay them in full, and add economic compensation equivalent to 25% of their wages.

Three. Specific payment methods, standards and related contents are agreed as follows:

(1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is necessary to extend the working hours for special reasons, it shall not exceed three hours a day and thirty-six hours a month.

1. Party A shall implement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

2. Party A shall extend Party B's working hours in accordance with the Labor Law and relevant regulations of this Municipality, and pay Party B the salary for the extended working hours.

3. Party A guarantees that Party B enjoys all kinds of rest and vacation in accordance with the relevant regulations of the state and this Municipality.

Article 5 Social insurance and welfare benefits. Party A and Party B shall participate in social insurance such as endowment insurance, unemployment insurance, medical insurance, work injury insurance, maternity insurance, etc. in accordance with the regulations of the state and this Municipality, and fulfill the obligation of payment to ensure that Party B enjoys various social insurance rights;

II. Where Party B suffers from illness or non-work-related injury, the medical treatment period system shall be implemented. Sick pay, disease relief and medical treatment during the medical treatment period shall be implemented in accordance with relevant regulations.

Three. The insurance and welfare benefits are agreed as follows:

( 1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (5) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2. Party A shall timely distribute protective equipment to Party B according to the regulations of the state and this Municipality, and conduct health examination for Party B according to the regulations.

Three. Party B must strictly abide by the labor safety, health and operating rules during the labor process.

Four. Where Party B suffers from occupational disease, work-related injury or death, Party A shall give various treatments according to the relevant regulations of the state and this Municipality.

Article 7 labor discipline 1. Party A has the right to formulate its own rules and regulations according to the relevant provisions of the state and this Municipality, and manage and reward and punish Party B according to the rules and regulations.

2. Party B shall abide by the rules and regulations and labor discipline formulated by Party A, obey the management, and keep Party A's business secrets as agreed in this contract (the details of keeping business secrets are agreed in Article 14 of this contract).

Article 8 In case of any of the following changes to this contract, Party A and Party B may change the relevant contents of this contract:

(1) Party A and Party B agree to change some terms through negotiation;

(2) Due to major changes in objective conditions, the Contract cannot be fully performed;

(3) The relevant clauses on which this Contract is based have been amended or abolished.

Article 9 The Contract shall be terminated under any of the following circumstances:

(a) the contract expires and will not be renewed;

(2) Party A is declared bankrupt, dissolved or revoked according to law;

(3) Party B dies;

(4) The contract termination conditions agreed by both parties appear;

(5) The contract cannot be performed due to force majeure.

Article 10 Upon the expiration of the contract, the contract may be renewed by mutual agreement, and the renewal procedures shall be handled within 65,438+05 days before the expiration of the contract.

Article 4 of the Contract Termination Agreement Party A: Beijing UFIDA Mobile Commerce Technology Co., Ltd.

Party B: Gender:

ID number: Tel:

Party A and Party B sign a labor contract (hereinafter referred to as the "labor contract"), and the term of the contract is from. Now Party A proposes to terminate the Labor Contract, and through equal and voluntary negotiation, the following agreement is reached on the termination of the Labor Contract:

1. Both parties agree to terminate the labor contract on, and the wages and benefits will be terminated at the same time.

2. Party B promises to complete all work handover procedures according to Party A's relevant regulations and requirements before 17: 00, including but not limited to: project handover, asset handover, settlement of arrears and other payables to Party A, and sorting out and handing over customer data. At the same time, both parties shall complete all resignation procedures according to the procedures specified by Party A. If Party B's personal files and household registration relations have been deposited with Party A before the signing of this Agreement, Party B shall transfer them out of Party A according to Party A's requirements before February 5, 20xx (hereinafter referred to as "the transfer-out period of personal files and household registration relations"), otherwise Party A will transfer them out of Party A according to relevant laws, regulations and provisions within one month after the expiration of the transfer-out period, and the expenses and responsibilities arising therefrom.

3. Due to Party B's full employment in Party A, according to the relevant regulations of the state and Beijing, Party A shall pay Party B the economic compensation in one lump sum: the average monthly salary standard of 12 months before this agreement comes into effect is RMB, and that of amount in words is RMB: at the same time, Party A shall pay Party B the salary of 1 month, and that of amount in words is RMB; The above amount that Party A should pay to Party B is RMB * * *, and amount in words is RMB. The above salary calculation methods are calculated according to the average salary standard of the previous month1February. If the above amount does not exceed 3 times the average salary of my previous month 12, personal income tax will not be deducted, and the excess will be collected according to state regulations.

4. After Party B completes all work handover procedures according to this agreement, Party A will pay Party B the salary in cash on the unified salary payment date of the company. The economic compensation and notice payment agreed in this agreement are not withheld due to personal income tax, and will not be paid together with the salary, and will be paid within 10 working days after the salary is paid.

5. After leaving the job, Party B shall continue to abide by the relevant provisions of the intellectual property confidentiality agreement in the labor contract signed with Party A, and assume the confidentiality responsibility for all kinds of confidential information obtained from Party A during his tenure.

6. Party B promises to continue to perform other obligations that Party B shall continue to undertake after the termination or dissolution of the labor contract as agreed in the labor contracts of both parties.

7. Party A and Party B agree not to make any demands on the other party except the contents of this agreement.

8. This Agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.

Party A: Beijing UFIDA Mobile Commerce Technology Co., Ltd. Party B:

(Signature or seal) (Signature or seal)

Year, month, sun, moon, sun.

Article 5 Name of the Contract Termination Agreement: Beijing Huizhi Times Technology Development Co., Ltd.

Address: Room 10 10, Jinyanlong Building, Xisanqi, Haidian District, Beijing.

Contact person: Shi Tel: 0 10-82952070 Name of laborer:

ID number:

Position: Tel:

Hereinafter, the employer Beijing Huizhi Times Science and Technology Development Co., Ltd. is referred to as Party A, and the laborer himself is referred to as Party B. Now Party B proposes to terminate the labor contract on, for personal reasons, and the following agreement is reached on the termination of the labor contract through equal and voluntary negotiation:

Article 1: The Company approves the employee to resign and terminate the labor contract.

Article 2: Both parties agree to terminate the labor contract on, and the wages and benefits will be terminated at the same time.

Article 3: Party B guarantees to complete all handover procedures in accordance with Party A's relevant regulations and requirements within one week from the date of signing this agreement, including but not limited to: project handover, asset recovery, work remittance, payment of arrears owed by Party A, and provision of customer information. At the same time, both parties have completed all resignation procedures.

Article 4: In order to protect the rights and interests of Party A, Party B promises to abide by the following agreements after leaving the company, and will compensate Party A at least RMB 200,000 if it causes losses to Party A due to violation of the following contents.

1. Party B shall not disclose any business secrets learned from Party A during the employment period. The contents, including but not limited to the company's product copyright, salary system, marketing model and other company-related resources, are all owned by Beijing Huizhi Times Technology Development Co., Ltd. ... After the employee leaves the company, the above contents shall not be used privately or disclosed to a third party.

(2) See the attachment for the list of projects that Party B participated in during his employment. The copyright of the appeal works belongs to Party A, and Party B shall not use it privately or disclose it to a third party after leaving the company. In case of violation, Party B will compensate Party A for RMB only.

2. Do not engage in commercial activities that conflict with the company's main business within one year from the date of termination of the labor contract.

3. Don't do anything that will damage the cooperative relationship between Party A and customers.

4. For the project that the laborer is engaged in during his employment, he is still obliged to consult and guide the handover person on the content of his previous work after leaving the company.

Article 5: Party B promises to continue to perform other obligations agreed in the Labor Contract that Party B will continue to undertake after the termination or dissolution of the Labor Contract.

Article 6: This Agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.

Name of Party B's unit (seal):

Year, month, sun, moon, sun.

Note: this template must be filled in according to the blue prompt slogan and deleted during the model making process.

Contract termination agreement

Party A: Shenyang Hills Property Management Co., Ltd. (if Party A is not a company, it should be adjusted) Party B: (if it is a legal person, it should be the same as the business license name, if it is a natural person, it should be the same as the ID card) ID number: (if it is a natural person, it should be kept).

Party A and Party B signed ""on, please fill in the name of the contract/agreement signed by Party A and Party B before. The original contract/agreement is valid until, and now it expires.

Fill in the reasons for the termination of the contract/agreement here, so that the original contract/agreement can not be continued. Now Party A and Party B have reached the following agreement through negotiation:

1, where the original ""is filled in the name of the contract/agreement previously signed by Party A and Party B, and the rights and obligations of both parties agreed in the original contract/agreement shall be terminated as of the date of dissolution;

2. Party A shall return the unpaid amount of _ _ _ _ _ _ _ _ _ to Party B.

3. When this termination agreement comes into effect, Party A shall return the RMB deposit paid by Party B to Party B; If there is a deposit, keep this clause, if there is no deposit, delete this clause.

4. Use this clause when both parties are not liable for breach of contract. This agreement shall come into force after being signed and sealed by both parties. On the effective date of this agreement, both parties shall fill in the original.

If the name of the contract/agreement previously signed by both parties is dissolved, both parties shall not be liable for breach of contract;

Use this clause when you need to bear the responsibility for breach of contract. This agreement shall come into force after being signed and sealed by both parties. On the effective date of this agreement, the name of the contract/agreement previously signed by both parties in the original ""is cancelled, and Party A shall pay liquidated damages to Party B according to the original contract/agreement on the effective date of this agreement.

Other unfinished matters can be supplemented according to the actual situation.

5. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.

Party A: Party B:

Representative: representative:

Date: Date:

Article 7 of the Contract Termination Agreement Party A:

Party B:

Through friendly negotiation, Party A and Party B have reached the following agreement on Party B's application for house return and cancellation of the original house purchase and sales contract:

1. Party B shall return _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ to Party A.

2. Party B and his lover have the obligation to cooperate with Party A to go through the relevant formalities of checking out at the Real Estate Administration. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

3. Party B shall bear the relevant expenses and losses arising from the check-out procedures.

4. Party A shall return the down payment of RMB 296,600.00 Yuan to Party B and the house loan of RMB 609,000.00 Yuan to China Bank Guilin Branch within five working days after Party B handles the house check-out formalities, and Party B shall be responsible for repaying the returned bank interest.

5. liquidated damages: the breaching party shall pay a liquidated damages of 50,000 yuan.

6. This contract is made in duplicate, each party holds one copy, which is legally binding.

Party A (signature): _ _ _ _ Party B (signature): _ _ _ _ _ _

Signing place: _ _ _ _ _ _ Signing place: _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 8 of the Contract Termination Agreement Party A: xxx Limited Liability Company (hereinafter referred to as Party A)

Party B: xxx Co., Ltd. (hereinafter referred to as Party B)

According to the actual situation, Party A and Party B have reached the following agreement on the basis of equal consultation and voluntary mutual understanding and in good faith:

Article 1 Both parties agree to terminate this contract.

This contract and other relevant agreements signed on xx, xx, XX. The rights and obligations of Party A and Party B will automatically disappear from the date of termination of this Agreement. Party A and Party B will not pursue the other party's liability for breach of contract in any form.

Article 2 Party A and Party B agree to bear their respective responsibilities for any losses during the signing and execution of this contract.

Article 3 In view of the fact that the failure to perform this contract is caused by objective economic conditions, Party A will use all the materials that arrived at Party A's site involved in Party B's preliminary work for free, provided that Party A and Party B do not hold each other accountable for breach of contract.

Article 4 When signing this agreement, Party B has settled the salaries of all relevant personnel before May. If Party A needs to continue to employ relevant personnel, Party B has no objection and has no right to interfere. The salary of relevant personnel shall be borne by Party A from May, which has nothing to do with Party B. ..

Article 5 Party A and Party B reserve the right to settle disputes in this contract through litigation. After this agreement comes into effect, if either party fails to fulfill its obligations under this agreement, the other party has the right to seek to resolve the dispute through litigation. In the course of litigation, this agreement will not be conducive to the interpretation of the breaching party.

Article 6 Matters not covered in this contract shall be settled by both parties through consultation.

Article 7 This Agreement shall come into force as of the date of signature and seal by both parties, and it shall be made in duplicate, with each party holding one copy, with the same legal effect.

Article 8 Both parties confirm that this agreement is the result of negotiation between both parties, and its content is the true expression of both parties, which is legal and valid and should be abided by by both parties.

Party A (signature): Party B (signature):

Date: xx, xx, xx, xx, XX, XX, XX

Article 9 Contract Termination Agreement Party A: Xinhuang Zi Shan Mining Technology Co., Ltd.

Party B: Hunan Hengju Exploration Co., Ltd.

Party A and Party B signed the Geological Exploration Contract of Barite Lead-zinc Mine in Baoxing County on 20xx65438+1October 65438+July. According to Paragraph 2 of Article 6 of the Contract, after the Contract comes into effect, if Party A's funds are not in place within 1 month or over 1 month, the Contract will be automatically terminated. As of March 23rd, 20xx, if Party A fails to pay the first payment of this contract to Party B, Party B has the right to terminate this contract. The specific termination clauses are as follows:

1. Party A and Party B understand the termination of this contract and voluntarily give up any liability of the other party for breach of contract;

2. After the termination of this contract, Party A has the right to sign another related contract with a third party.

Three. Since the date of signing this contract, Party B is no longer the prospecting unit of barite lead-zinc mine in Baoxing County.

Four. This agreement is made in duplicate and shall come into effect after being signed and sealed by the representatives of both parties.

Party A (seal): Representative:

Party B (Seal): Representative: