What should I do if I receive a notice from the employee to terminate the labor relationship?

After receiving the notice that the employee terminates the labor relationship, the unit shall arrange the employee to resign within 30 days, recruit new employees for handover, and settle the salary of the employee after resignation. During the probation period, the employee may terminate the labor contract by notifying the employer in writing thirty days in advance and notifying the employer three days in advance. When both parties to the labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

Legal analysis

The notice of dissolution of labor relations is a kind of proof of dissolution of labor relations and a written proof required by law. This is also evidence that labor relations have been terminated. It is illegal to terminate the contract unless the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer. When the laborer unilaterally terminates the labor contract, that is, when the conditions stipulated by law are met, the laborer has the right to unilaterally terminate the labor contract without the agreement of both parties or the consent of the employer. Specifically, it can be divided into advance notice cancellation and immediate cancellation. In both cases, (1) the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. (2) Dissolve immediately. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. This situation belongs to immediate termination, and it can be terminated immediately without notifying the employer in advance. In the case that the above-mentioned employee can immediately terminate the labor contract, the employee does not need to pay liquidated damages, and the employer should pay economic compensation.

legal ground

Article 37 of the Labor Contract Law of People's Republic of China (PRC): The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.