The termination of employment clause is one of the core clauses of the employment contract, which stipulates in detail the conditions for terminating the contract agreed by the company and the employee. The following are examples of bilingual termination clauses in some employment contracts:
Example 1: Termination of employment
Termination of the employment contract.
12.1 termination during probation period. during the probation period, the employee may terminate the employment by giving not less than three (3) days notice to the company.
Terminated during the trial period. During the probationary period, the employee may terminate this contract by giving at least three (3) days' notice to the Company.
12.2 termination by employee. after completion of the probation period, the employee shall be entitled to terminate this employment agreement by giving not less than three (3) months’ written notice to the company, or such other notice period required by applicable laws and regulations; provided however that the company may, upon receipt of notice of termination, at its discretion, waive such notice period, or propose a shorter period of notice, whereupon the employee’s employment shall terminate: (i) forthwith upon confirmation by the company of such waiver; or (ii) upon expiry of such shorter notice period as the company may propose.
Employee termination. Upon completion of the probationary period, the employee shall terminate this contract upon at least three (3) months' prior written notice to the Company or such other notice period as required by applicable laws and regulations, provided that the Company may, in its sole discretion, waive such notice period or propose a shortened notice period upon receipt of notice of termination, at which point the employee's employment contract will: (i) be terminated immediately upon confirmation by the Company of waiver of such notice period;or (ii) upon the expiration of the shorter notice period proposed by the Company.
12.3 immediate termination by the company. subject to applicable laws and in addition to any statutory ground enabling the company to terminate the employee’s employment without notice or compensation, the employee’s employment may be terminated at any time by the company without either notice or payment in lieu of notice or liability for compensation or damages (and without prejudice to any claim in respect of any antecedent breach by the employee) if the employee:
The company is immediately dissolved. Subject to applicable laws, the Company may terminate the employee's employment contract at any time without notice and without compensation, except for any statutory reason for the Company's right to terminate the employee's employment contract without notice and without compensation, and the Company shall not be liable for payment in lieu of notice or any financial compensation or damages, nor shall it affect any claims that the Company may have in respect of any prior breach of contract by the employee
a) is guilty of any default, wilful misconduct or dishonesty whether in connection with or affecting the business, properties or assets of the company or the group;
Any breach of contract, wilful misconduct or dishonest conduct by the employee affecting or in connection with the business, property or assets of the company or group of companies;
b) is in serious or repeated breach or fails to comply with any instructions of the management or is in default of this agreement or seriously breaches the rules and regulations;
Serious or repeated breaches or non-compliance with any instructions of management, breach of this contract, or material breach of rules and regulations;
c) is convicted of any criminal offence whether involving fraud, dishonesty or other serious crimes or is sentenced to any term of imprisonment; or
The employee has been convicted of any criminal offence (whether or not it involves fraud, dishonesty or other serious offences) or has been sentenced to imprisonment (regardless of the length of the sentence);Or.
d) becomes prohibited by law from performing the responsibilities and obligations under this agreement.
is prohibited by law from performing duties and obligations under this contract.
all such acts will be deemed to constitute “serious violations of company rules”.
All such actions will be considered "material breaches of the Company's rules".
12.4 disability. in the event the employee is unable to perform his normal duties by reason of his disability, then the management may terminate the employee’s employment with thirty (30) days’ written notice or payment of lieu of notice. for purposes of this section, “disability” shall be presumed if the employee suffers a non-work related illness or injury and, at the end of his medical treatment period, cannot engage in his original work or in other suitable work arranged by the company. the parties agree that the company has discretion to decide whether another existing and open position is suitable and that the employee would undergo a trial work period of one (1) month on that new position. depending on the length of the employee’s medical treatment period and the nature of the employee’s work, and based on the company’s business or production needs as determined by the board of directors, the company has the right to hire another individual to fulfil the employee’s job duties. in such a case, upon the expiration of the employee’s medical treatment period, the company will attempt to arrange other suitable work for the employee pursuant to this section 12.3.
Handicapped. If an employee is unable to perform his/her normal job duties due to a disability, management may terminate the employment contract by giving thirty (30) days' written notice to the employee or by paying payment in lieu of notice. For the purposes of this article, there is a presumption of "disability" if the employee is sick or injured not due to work, and after the expiration of the medical treatment period, he or she is unable to perform the original job or other suitable work arranged by the company. The parties agree that the Company has the right to determine the suitability of other existing vacancies and that the employee will have one (1) month probationary period in the new position. Depending on the length of the employee's medical treatment period and the nature of the employee's work, and in accordance with the company's business or production needs as determined by the Board of Directors, the company has the right to hire others to perform the employee's job duties. In this case, after the expiration of the employee's medical treatment period, the company will comply with this Article 12Article 4: Strive to arrange other suitable jobs for employees.
12.5 termination on other statutory grounds. the company shall be entitled to terminate the employee on any other grounds allowed under applicable laws and regulations, and shall provide written notice to the employee if and as required by law. the company shall also h**e the option of paying the employee in lieu of any required notice.
Termination on other statutory grounds. The Company has the right to terminate the employment contract with the employee for any other reason permitted under applicable laws and regulations, and if required by law, to give the employee written notice as required by law. The company should also have the right to elect to pay a certain amount to the employee in lieu of any notice requested.
12.6 termination under sections 12.1, 12.2 and 12.4. in the event of any termination under sections 12.1, 12.2 or 12.4, the employee shall be entitled, in full discharge of the obligations by the company, to receive the following:
According to the Section. 2 and 124. If according to the Section. 2 or 12Article 4 If the labor contract is terminated, the employee shall have the right to receive the following items on the premise that the company has fully fulfilled its obligations:
a)any salary accrued to the employee up to and inclusive of the date of termination, subject to any adjustment under section 12.6(b) below, if applicable;
Any wages accrued by the employee up to and including the date of termination, subject to Section 12 belowany adjustments under Article 6(b), if applicable;
b)any cash reimbursement of outstanding le**e not used, if applicable, or if the employee has, prior to the date of termination, used more than the prorated portion of his contractual annual le**e entitlement for the year, the company shall be entitled to adjust the amount of salary payable to the employee by deducting the amount corresponding to the employee’s salary for such days of excess contractual annual le**e used; and
any cash compensation for any unused entitlements, if applicable, or, if the employee has taken more leave than the pro-rata number of days of contractual annual leave to which he or she is entitled at that time during the year, the Company shall be entitled to adjust the amount of wages payable to the employee by deducting the corresponding amount from the employee's salary for such excess days of contracted annual leave;And.
c)any severance benefits as provided by the company to its eligible employees in accordance with the rules and regulations and at the sole discretion of the company, provided that the company in any event shall at a minimum pay the employee statutory severance when and as required by applicable laws and regulations.
Any severance payment provided by the Company to its eligible employees in its sole discretion in accordance with the rules and regulations, provided that, in any event, the Company shall pay to the employee at least the statutory severance payment required by the applicable laws and regulations, where required by the applicable laws and regulations.
Example 2: Termination of Article 8 Contract
article 8 termination of the contract
1.Under any of the following circumstances (except for Paragraph 4), Party A may terminate this contract without prior notice to Party B:
if any following situation (exclusive of item 4) occurs, party a has the right to terminate the contract without the notice in advance;
1) During the probationary period, Party A may unconditionally dismiss Party B
during the probation, party a may dismiss party b without any reason at any time;
2) Party A believes that Party B has seriously violated labor discipline or rules and regulations
party a considers that party b seriously violates the working discipline and stipulations;
3) Party B is seriously derelict in its duties, committing fraud for personal gain, and leaking important business information
party b has serious neglect of duty，jobbery or leaking out of important business information;
4) Party A believes that Party B's work performance and ability cannot meet the requirements of Paragraph 1 of Article 2 of this contract
party a thinks that party b’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;
5) If Party B seriously violates the latest "Employee Handbook" and other rules and regulations formulated from time to time.
if party b seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.
2.Under any of the following circumstances, Party A shall not terminate this contract, except for the provisions of Paragraph 1 of Article 8 of this contract and the provisions of laws and regulations.
if any following situation occurs, party a has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.
1) Party B is injured due to illness or non-work-related injury within the prescribed medical treatment period.
if party b is sick or injured, party a has no right to terminate the contract during the treatment or convalescence period.
2) Party B (referring to the woman) who practices family planning during pregnancy, childbirth and lactation.
during the period of the pregnancy, giving birth and lactation of party b who abides by the birth control regulation of birth control.
3 If either Party A or Party B proposes to terminate the contract, it shall notify the other party in writing one month in advance (Article 8 of this contract1 and 9Except in the cases specified in Article 3). In principle, the written notice shall be signed by both parties. If the party to whom the notice is received does not agree to sign, the notifying party shall be deemed to have served the notice by mailing it in the form of a letter to the address of the other party below. However, in accordance with Article 8 of this ContractExcept in subparagraphs (1), (2), (3) and (5) of Article 1, it is not necessary to notify the other party in advance if the labor contract is terminated.
if any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party at the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), 3),and (5),a written notice in advance is not required to be given by one party to the other party.