Can I claim benefits after signing the letter of termination of labor relations?

Mondo Social Updated on 2024-01-30

Beijing Lianying Law Firm Can I sue for benefits after signing the labor relationship termination letter?

It is possible to prosecute. According to the law, if the contract has been performed after the termination of the contract, whether the parties can request restitution or take other remedial measures according to the performance and nature of the contract, and have the right to claim compensation for losses. Therefore, if one party has a loss after the contract is terminated, can it still claim compensation from the wrong party?

Legal basis] Article 566 of the Civil Code.

After the termination of the contract, if it is not performed, the performance shall be terminated;If it has been performed, whether the parties can request restitution or take other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.

Unless otherwise agreed by the parties, if the contract is terminated due to breach of contract, whether the person with the right to terminate may require the breaching party to bear the liability for breach of contract.

Unless otherwise agreed in the guarantee contract, after the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor.

What are the conditions for terminating an employment relationship?

The employment relationship can be terminated under the following conditions:

The employer and the employee negotiate the termination;

If the employee is dismissed for negligence, the employer shall unilaterally terminate the dismissal;

Article 38 of the Labor Contract Law stipulates that the employer shall unilaterally terminate the employment of the employee

The worker shall notify the employer in writing 30 days in advance of the termination, and 3 days' notice during the probationary period.

Third, if you don't understand the labor contract, seek advice from a lawyer.

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