What is the difference between terminating an employment contract and terminating an employment cont

Mondo Social Updated on 2024-01-31

Although many migrant workers have worked for many years, they do not know the difference between terminating an employment contract and terminating an employment contract. It is important for workers and employers to clarify the differences between the two, as they involve the protection of rights and interests and the division of responsibilities. So today we will analyze the analysis.

The biggest difference between the two is whether the employment relationship exists.

"Suspension" means that during the performance of the labor contract, the parties to the labor contract have a statutory or agreed situation, resulting in the inability to continue to perform the labor contract, and it is necessary to temporarily suspend the performance of all or part of the labor contract, but the labor contract relationship between the two parties still continues to exist. The labor contract will continue to be performed after the statutory or agreed reasons are eliminated. During the suspension period, if the labor contract expires, the labor contract shall be terminated.

"Termination" refers to the occurrence of the legal conditions for the termination of the labor contract, resulting in the extinction of the legal effect of the labor contract, the termination of the labor relationship, and the cessation of the rights and obligations between the parties.

So, what are the main circumstances under which the labor contract can be terminated?(1) The employer and the worker reach an agreement in writing;

2) The worker's personal freedom has been restricted because he or she is suspected of violating the law or committing a crime;

3) The labor contract cannot be performed temporarily due to force majeure.

During the period of suspension, the rights and obligations of the employee and the employer may be limited, but in general, the suspension does not mean the complete end of the relationship.

For workers, the suspension may affect earnings and career advancement, but generally does not have a significant impact on long-term careers. Termination, on the other hand, may mean unemployment, which will have a greater impact on workers' livelihoods and career plans.

For employers, terminating an employment contract may affect project schedules or short-term productivity, but it usually does not have a significant impact on the long-term operations of the business. Termination of an employment contract needs to be carefully considered, as it may involve legal liability and compensation issues.

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