Human resources department management system template collection

Chapter 25 Personnel Change Management (3)
Article [-] The labor contract may be terminated when the company and the employee reach an agreement through negotiation.

Article [-] When the company negotiates with the employee to terminate the labor contract, the Human Resources Department first needs to obtain the consent of the employee to be dismissed, and after reaching an agreement on specific matters such as salary settlement and work handover, fill in the "Negotiation Termination Agreement".

Article [-] If the employee negotiates with the company to terminate the labor contract, the employee needs to obtain the consent of the Human Resources Department, and after reaching an agreement on specific matters such as salary settlement and work handover, fill in the "Negotiation Termination Agreement".

Article [-] The labor contract shall be terminated according to the date and method agreed in the "Negotiation Termination Agreement".

Employee resignation or passive dismissal

Article [-] Employees are obliged to notify the company in advance of their resignation.

In-service employees should notify the company in writing one month in advance that the labor contract can be terminated.Those who are still in the probationary period should notify the company 3 days in advance, and the labor contract can be terminated.

Article [-] Employee resignation management.

Employee resignation and the human resources department must follow the following regulations when handling employee resignation:

(1) Employees need to fill in the "Resignation Application Form" for resignation, and fill in the resignation type as "Employee Notification of Termination in Advance" according to the company's regulations.Failure to fill in the "Application Form for Resignation" or filling in inconsistently with the regulations will not be regarded as a formal and legally effective written notice.

(2) Written notice of employee resignation can be submitted to the supervisor of the department, or directly to the Human Resources Department.After receiving the notice, the head of the department or the Human Resources Department should conduct a resignation interview with him, and fill in the "Employee Resignation Interview Record Form" to confirm whether he has signed a service period agreement or non-competition agreement and related agreements, and understand the specific reasons for his resignation , and sign the comments.

(3) After the employee's resignation has been approved step by step by the head of the department, the manager of the human resources department and the general manager, the human resources department is responsible for notifying him of the handover and the specific date of leaving the company.

(4) After the handover matters are confirmed, the Human Resources Department shall issue a "Certificate of Termination of Labor Contract" to the resigned employee.

Article [-] The employee passively terminates the labor contract.

Under any of the following circumstances, the employee may notify the company in writing to terminate the labor contract:

(Continued)
(1) Failing to provide labor protection or working conditions as stipulated in the labor contract.

(2) Failure to pay labor remuneration in full and in time.

(3) Failure to pay social insurance premiums for employees according to law.

(4) The company's rules and regulations violate relevant laws and regulations, resulting in damage to the rights and interests of workers.

(5) Employees join the company against their true will due to company fraud.

(6) Other circumstances in which the employee may terminate the labor contract as stipulated by laws and administrative regulations.

If the company forces employees to work by means of violence, coercion, or illegal restriction of personal freedom, or if the company violates regulations and orders dangerous operations that endanger the personal safety of employees, the employees can immediately terminate the labor contract without prior notice to the company.

company dismissal
No. 11 faulty dismissal.

The company may terminate the labor contract if the employee falls under any of the following circumstances during his tenure:
(1) During the probation period, it is proved that it does not meet the employment conditions.

(2) Serious violation of company rules and regulations.

(3) Serious dereliction of duty, malpractice for personal gain, causing heavy losses to the employer.

(4) The employee establishes labor relations with other units at the same time, which seriously affects the completion of the company's work tasks, or refuses to make corrections upon the request of the employer.

(5) Providing false information or committing other fraudulent acts to invalidate the labor contract.

(6) Being investigated for criminal responsibility according to law.

No.12 Non-fault termination.

If an employee falls under any of the following circumstances during his tenure, the employer shall notify the employee in writing one month in advance or pay the employee an additional month's wages before terminating the labor contract:
(1) The employee is sick or injured on a non-duty basis, and is still unable to take up the original job after the prescribed medical treatment period expires, nor can he take up other jobs arranged by the employer.

(2) The employee failed the assessment in the previous assessment cycle, and after training or position adjustment, the employee is still unqualified in the next assessment cycle.

(3) The objective situation on which the labor contract was concluded has undergone a major change, making it impossible to perform the labor contract, and the company and the employee have negotiated and failed to reach an agreement on the changes to the labor contract.

No.13 The company dismissal procedure.

If the company dismisses an employee through non-fault termination or fault termination, the following procedures must be followed:

(1) The Human Resources Department fills out the "Letter of Resignation Procedures" and attaches relevant materials.

(2) Notify the company trade union.

(3) Submit to the general manager of the company for approval.

(4) The Human Resources Department will deliver the "Letter of Resignation Procedures" to the employee whose labor contract has been terminated.

(Continued)
(

5) Employees whose labor contracts have been terminated shall go through the handover and resignation procedures one by one according to the items listed in the handover list.

economic downsizing

No.14 Economic layoffs.

In one of the following situations, if more than 20 or less than 20 people need to be cut off but more than 10% of the company's total employees, the company should explain the specific situation to the labor union one month in advance, listen to the opinions of the labor union, and submit the layoff plan to the local labor bureau After the report, the staff can be reduced:
(1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law.

(2) Serious difficulties in production and operation.

(3) The enterprise needs to lay off personnel after changing the labor contract after changing production, making major technological innovations or adjusting the mode of operation.

(4) Other major changes in the objective economic conditions on which the labor contract was concluded resulted in the failure to perform the labor contract.

Article No.15 When reducing personnel, priority should be given to retaining the following personnel:
(1) Signing a long-term fixed-term labor contract with the company.

(2) Signing an open-term labor contract with the company.

(3) There are no other employees in the family, and there are old people or minors who need support.

Article No.16 If the company lays off personnel in accordance with Article No.14 and recruits new personnel within six months, it shall notify the laid-off personnel and give priority to recruiting the laid-off personnel under the same conditions.

No.17 Procedures for economic layoffs.

A company implementing economic layoffs shall abide by the following provisions:
(1) The Human Resources Department sorts out the layoff plan, checks whether it complies with the conditions stipulated by laws and regulations, and whether there are any omissions in the implementation of procedures and economic compensation, and checks whether there are any situations in which the labor contract cannot be terminated or terminated among the cutoffs.

(2) Notify the labor union of the layoff plan one month in advance, and submit it to the local labor bureau for record.

(3) Improve the layoff plan according to the opinions of the trade union and the Labor Bureau, notify the personnel who are going to layoff one month in advance, and pay their economic compensation according to law.

labor contract termination
No.18 Termination of labor contract.

Under any of the following circumstances, the labor contract shall be terminated:

(1) The labor contract has expired.

(2) Employees begin to enjoy basic endowment insurance benefits according to law.

(3) The employee dies, or is declared dead or missing by the people's court.

(4) The company is declared bankrupt according to law.

(5) The company's business license is revoked, ordered to close down, cancelled, or the company decides to dissolve early.

(6) The employee is identified as having lost part of his labor capacity due to a work-related injury. After the labor contract expires, the company will pay the compensation for the injury according to regulations.
(Continued)
disability employment benefits.

(7) Other circumstances stipulated by laws and administrative regulations.

No.19 Procedures for termination of labor contract.

The termination of a labor contract shall comply with the following provisions:
(1) The company may notify the other party in writing on the day when the contract is terminated (except for the death of the employee or the death or disappearance declared by the people's court).

(2) Written notices delivered by post will become effective when they are posted, and written notices delivered by other means will become effective when they arrive, without the signature of the other party.

(3) The Human Resources Department completes the relevant procedures in accordance with laws and regulations.

Circumstances that cannot be terminated and terminated
Article No.20 If an employee falls under any of the following circumstances, the employer shall not implement no-fault dismissal and economic layoffs:
(1) Employees engaged in operations exposed to occupational disease hazards have not undergone occupational health examinations before leaving the job, or suspected occupational diseases are still under diagnosis or medical observation period.

(2) Those who suffer from occupational diseases or work-related injuries in the company and are identified as having lost or partially lost their ability to work.

(3) Sickness or non-duty injury, still within the prescribed medical treatment period.

(4) Female employees who are pregnant, giving birth, or breastfeeding.

(5) Those who have worked continuously in the company for 15 years and are less than five years away from the statutory retirement age.

(6) Other circumstances stipulated by laws and administrative regulations.

Article No. 20 When the labor contract expires, if one of the circumstances specified in Article No. 20 occurs, the labor contract shall be extended until the corresponding circumstances disappear.However, if it involves employees with work-related injuries, it shall be implemented in accordance with the relevant state regulations on work-related injury insurance.

Liquidated damages, economic compensation and compensation
No.20 two liquidated damages.

The company can stipulate in the training service period agreement and the non-competition agreement that employees should pay liquidated damages if they violate the agreement:
(1) If the company has entered into a training service period agreement or clause with the employee, if the employee resigns or is terminated by the company due to fault, the employee shall pay economic compensation according to the relevant provisions of the agreement.

(2) If the company has entered into a non-compete agreement or clause with the employee, on the basis of the company paying economic compensation according to the agreement after the employee leaves, if the employee violates the non-compete agreement, the company shall pay liquidated damages to the company according to the agreement.

No.20 Article [-] When rescinding and terminating the labor contract, if the company needs to pay economic compensation in accordance with laws and regulations, the company will pay the employee economic compensation when the employee completes the work handover.

No.20 Article [-] Under any of the following conditions of termination or termination, the company does not need to pay economic compensation:
(1) The employee terminates the labor contract 3 days in advance during the trial period or one month in advance during the formal contract period.

(2) The employee terminates the labor contract due to fault.

(3) When the contract expires and the company asks for renewal without reducing the existing labor benefits, the employee expresses not to renew the contract.

(4) The employee enjoys pension insurance benefits in accordance with the law, dies, or is declared dead or missing by the people's court.

(Continued)
(5) Other circumstances stipulated by laws and administrative regulations.

No.20五条经济补偿按员工在本公司的工作年限，每满1年支付1个月工资的标准向员工支付。超过6个月但不满1年的，以1年计算；低于6个月的，支付半个月工资的经济补偿。

No.20 Article 3 If the monthly salary of an employee is three times higher than the average monthly salary of the employee in the previous year announced by the local government of the company, the standard for the company to pay the economic compensation to the employee shall be three times the average salary of the month, and the number of years for which the economic compensation shall be paid A maximum of 3 years.

No.20 Article 12 The term "monthly wages" in these Measures refers to the average wages of employees in the [-] months before the labor contract is terminated or terminated.

No.20 Article [-] If the company violates laws and regulations and causes losses to employees, it shall pay compensation to the injured employees in accordance with the provisions of the law or the stipulations of the contract.

No.20 Article 20 If the company violates laws and regulations to terminate or terminate the labor contract, and the employee requests to continue to perform the labor contract, if the company verifies that the reason for the termination is not sufficient, the company shall continue to perform the labor contract; if the employee does not request to continue to perform the labor contract or If the contract can no longer be performed, the company shall pay twice the amount of the economic compensation standard stipulated in Article No. 2 of the Measures.

Article No.30 If an employee violates the provisions of laws and regulations to terminate the labor contract, the company has the right to demand that the labor contract continue to be performed.If the employee refuses to accept or the labor contract can no longer be performed, the company has the right to require the employee to pay compensation based on the principle of actual damage or the labor contract or special agreement.If the labor contract or special agreement contains a liquidated damages clause, the company still has the right to require the employee to continue to pay the liquidated damages if the liquidated damages are not enough to offset the actual and expected losses after the employee pays the liquidated damages as agreed.

Relevant obligations when rescinding or terminating an employment contract

No.30 Relevant obligations when rescinding or terminating the labor contract.

When rescinding or terminating the labor contract, the company and its employees shall fulfill the following obligations:
(1) When rescinding or terminating the labor contract, the parties to the labor contract should handle relevant matters in accordance with the principle of good faith, the provisions of laws and regulations, the company's rules and regulations, and the labor contract.

(2) Within 3 days (probation period) or one month (formal contract period) after the resigning employee submits the resignation form, he shall continue to perform the job responsibilities stipulated in the labor contract and continue to abide by the company's rules and regulations.Without the approval of the company, no early, private or forced resignation is allowed.If violated, the company will punish it in accordance with the relevant provisions of the rules and regulations.

(3) Employees should complete the handover of the company's property, documents, materials and other work matters one by one according to the items listed in the company's "Resignation Handover List".

(4) For employees who resign and terminate the labor contract due to fault, if they have previously agreed with the company on the service period and liquidated damages or compensation for the company's losses in the labor contract or special agreement, they should terminate the labor contract Pay liquidated damages or compensation to the company according to the agreement, and the payment method shall be implemented in accordance with the company's rules and regulations.

(5) The company completes the dismissal procedures for employees in accordance with laws and regulations.

(Continued)
resignation management department
No.30 Article [-] The human resources department of the company is responsible for the resignation and dismissal of employees.

No.30 Three articles at all levels and departments of the company and their managers have no right to cancel or terminate the labor contracts of employees. They only have the right to apply to the Human Resources Department to propose the termination or termination of the labor contracts of employees. The cancellation or termination of labor contracts should be strictly followed The relevant regulations in this method operate.

No.30 Article [-] If management personnel violate the provisions of laws and regulations and the provisions of these measures, illegally terminate or terminate the employee's labor contract and cause adverse consequences, the company will punish them to varying degrees depending on the severity of the circumstances, up to "serious dereliction of duty" to terminate the labor contract with him.

dispute resolution
No.30 Five Dispute Handling.

Disputes arising from the rescission or termination of labor contracts should first be mediated by the company's labor dispute mediation committee; File a civil lawsuit in a basic people's court with jurisdiction.

by-laws
No.30 Article [-] The Human Resources Department is responsible for explaining this approach.

No.30 Article [-] These measures have been approved by the trade union and approved by the general manager of the company, and shall come into effect on the date of promulgation.

Personnel resignation management process and working standards

When a company employee resigns, it is essential to go through the resignation procedures. In addition, the resignation interview is equally important.Personnel transfer supervisors can effectively reduce the probability of disputes through interviews.

×× company personnel resignation management process and work standards

Executive department file number
Approver Approval Date
(Continued)
General Manager of the Human Resources Department of the employee's department

Workflow Work Standards
company notice
dismissal or employee
worker application
Please resign (1) When the labor contract expires or the conditions for termination appear, the human resources department will notify the employees one month in advance after approval by the company and its subordinate departments, and issue the "Notice of Renewal (Termination) of the Labor Contract".

(2) If an employee voluntarily resigns, he or she should submit an application to the Human Resources Department in writing one month in advance.Those who resign without authorization or without the approval of the company shall be regarded as voluntary resignation.

(3) If the company proposes to terminate the labor contract, the human resources department shall be responsible for notifying its subordinate department in writing.

(4) If an employee has the following circumstances, his department may submit an application for termination of his labor contract to the Human Resources Department at any time:

① During the probation period, it is proved that it does not meet the employment conditions.

② In case of a serious violation of labor discipline or company rules and regulations, the company may terminate the labor contract with him in accordance with regulations or labor contracts (except for company rules and regulations that conflict with laws and regulations).

③ Serious dereliction of duty, malpractice for personal gain, resulting in significant losses to the interests of the company.

④Where the criminal responsibility is investigated according to law, factual proof materials such as specific reasons and reasons must be attached.

(5) If an employee who is still in the probationary period resigns, he can notify the Human Resources Department in writing 3 days in advance to terminate the labor contract.

(6) If the company has the following circumstances, the employee can notify the Human Resources Department in writing to terminate the labor contract at any time:
(End of this chapter)