第三章 劳动合同的解除和终止
Chapter III Dissolution and Termination of Employment Contract
第十八条 有下列情形之一的，依照劳动合同法规定的条件、程序，劳动者可以与用人单位解除固定期限劳动合同、无固定期限劳动合同或者以完成一定工作任务为期限的劳动合同：
Article 18 Under any of the following circumstances, an employee may, according to the conditions and procedures prescribed in the Employment Contract Law, dissolve an employment contract with a fixed term, an employment contract without a fixed term or an employment contract that sets the completion of a specific task as the term of the contract concluded with the employer:
(一)劳动者与用人单位协商一致的;
1. the employee and the employer so agree;
(二)劳动者提前30日以书面形式通知用人单位的;
2. the employee has notified the employee of the dissolution in writing at least 30 days in advance;
(三)劳动者在试用期内提前3日通知用人单位的;
3. the employee has notified the employer of the dissolution three days in advance during probation;
(四)用人单位未按照劳动合同约定提供劳动保护或者劳动条件的;
4. the employer fails to provide labor protection or work conditions as it has promised in the employment contract;
(五)用人单位未及时足额支付劳动报酬的;
5. the employer fails to pay labor remunerations on schedule or in full amount;
(六)用人单位未依法为劳动者缴纳社会保险费的;
6. the employer fails to pay social insurance premiums for the employee as required by law;
(七)用人单位的规章制度违反法律、法规的规定，损害劳动者权益的;
7. some of the employer's rules or procedures have contravened the law and damaged the rights and interests of the employee;
(八)用人单位以欺诈、胁迫的手段或者乘人之危，使劳动者在违背真实意思的情况下订立或者变更劳动合同的;
8. the employer, by means of deception or coercion or by taking advantage of the employee's difficulties, forces the employee to conclude or change the employment contract against the employee's true will;
(九)用人单位在劳动合同中免除自己的法定责任、排除劳动者权利的;
9. the employer disclaims its legal liability or denies the employee's rights in the employment contract;
(十)用人单位违反法律、行政法规强制性规定的;
10. the employer violates the mandatory provisions of any law or administrative regulation;
(十一)用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动者劳动的;
11. the employer compels the employee to work by force, threat or illegally restricting the personal freedom of the employee;
(十二)用人单位违章指挥、强令冒险作业危及劳动者人身安全的;
12. the employer gives orders in violation of the safety regulations or forces the employee to risk his life; or
(十三)法律、行政法规规定劳动者可以解除劳动合同的其他情形。
13. other circumstances under which the employee can dissolve the employment contract as set forth in laws or administrative regulations.
第十九条 有下列情形之一的，依照劳动合同法规定的条件、程序，用人单位可以与劳动者解除固定期限劳动合同、无固定期限劳动合同或者以完成一定工作任务为期限的劳动合同：
Article 19 Under any of the following circumstances, an employer may, according to the conditions and procedures prescribed in the Employment Contract Law, dissolve an employment contract with a fixed term, an employment contract without a fixed term or an employment contract that sets the completion of a specific task as the term of the contract concluded with an employee:
(一)用人单位与劳动者协商一致的;
1. the employer and the employee so agree;
(二)劳动者在试用期间被证明不符合录用条件的;
2. the employee is proved to have failed to meet the employment conditions during the probation;
(三)劳动者严重违反用人单位的规章制度的;
3. the employee seriously violates the rules and procedures set up by the employer;
(四)劳动者严重失职，营私舞弊，给用人单位造成重大损害的;
4. the employee seriously neglects his duties or engages in malpractice for personal gains and has caused severe damages to the employer;
(五)劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的;
5. the employee simultaneously enters an employment relationship with any other employer and thus seriously affects his completion of the tasks assigned by the employer, or the employee refuses to correct after the employer has pointed out the problem;
(六)劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思的情况下订立或者变更劳动合同的;
6. the employee, by means of deception or coercion or by taking advantage of the employer's difficulties, forces the employer to conclude or change the employment contract against the employer's true will;
(七)劳动者被依法追究刑事责任的;
7. the employee is under investigation for criminal liabilities;
(八)劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的;
8. the employee is sick or is injured for a non-work-related reason and cannot resume his original position after the expiration of the prescribed time period for medical treatment, nor can he assume any other position arranged by the employer;
(九)劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的;
9. the employee is incompetent for his position or is still so after training or being assigned to another position;
(十)劳动合同订立时所依据的客观情况发生重大变化，致使劳动合同无法履行，经用人单位与劳动者协商，未能就变更劳动合同内容达成协议的;
10. the objective situation on which the conclusion of the employment contract is based has changed considerably, which makes it impossible to perform the employment contract, and no agreement on changing the contents of the employment contract has been reached after negotiations between the employer and the employee;
(十一)用人单位依照企业破产法规定进行重整的;
11. the employer is being restructured according to the Enterprise Bankruptcy Law;
(十二)用人单位生产经营发生严重困难的;
12. the employer encounters serious difficulties in production and business operations;
(十三)企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的.;
13. the employer changes its products, makes important technological renovations, or adjusts the way of business operations, and it is still necessary to lay off some employees after modifying the employment contract; or
(十四)其他因劳动合同订立时所依据的客观经济情况发生重大变化，致使劳动合同无法履行的。
14. other objective economic situations in which the employment contract is based change substantially, which makes it impossible to perform the employment contract.
第二十条 用人单位依照劳动合同法第四十条 的规定，选择额外支付劳动者一个月工资解除劳动合同的，其额外支付的工资应当按照该劳动者上一个月的工资标准确定。
Article 20 Where an employer decides to dissolve the employment contract with an employee by paying the latter an additional month's wages according to Article 40 of the Employment Contract Law, the amount of the additional month's wages shall be determined according to the employee's wages in the last month.
第二十一条 劳动者达到法定退休年龄的，劳动合同终止。
Article 21 An employment contract shall be terminated when an employee reaches the mandatory age for retirement.
第二十二条 以完成一定工作任务为期限的劳动合同因任务完成而终止的，用人单位应当依照劳动合同法第四十七条 的规定向劳动者支付经济补偿。
Article 22 Where an employment contract that sets the completion of a specific task as the term of the contract is terminated upon the completion of the specific task, the employer shall make economic compensations to the employee according to Article 47 of the Employment Contract Law.
第二十三条 用人单位依法终止工伤职工的劳动合同的，除依照劳动合同法第四十七条 的规定支付经济补偿外，还应当依照国家有关工伤保险的规定支付一次性工伤医疗补助金和伤残就业补助金。
Article 23 Where an employer terminates the employment contract with an employee injured at work, it shall, apart from making economic compensations according to Article 47 of the Employment Contract Law, pay medical subsidies for the work-related injury and employment subsidies to the disabled once and for all according to the state provisions on work-related injury insurance.
第二十四条 用人单位出具的解除、终止劳动合同的证明，应当写明劳动合同期限、解除或者终止劳动合同的日期、工作岗位、在本单位的工作年限。
Article 24 A employment contract dissolution or termination certificate issued by an employer shall bear the term of the employment contract, the date when it is dissolved or terminated, the position of the employee and the working time of the employee with this employer.
第二十五条 用人单位违反劳动合同法的规定解除或者终止劳动合同，依照劳动合同法第八十七条 的规定支付了赔偿金的，不再支付经济补偿。赔偿金的计算年限自用工之日起计算。
Article 25 Where any employer dissolves or terminates the employment contract with an employee against the Employment Contract Law, if it has paid a compensation according to Article 87 of the Employment Contract Law, it is not required to make economic compensations. The working time based on which the said compensation is calculated shall be calculated from the day when the employee was hired.
第二十六条 用人单位与劳动者约定了服务期，劳动者依照劳动合同法第三十八条 的规定解除劳动合同的，不属于违反服务期的约定，用人单位不得要求劳动者支付违约金。
Article 26 If an employer and an employee have stipulated the period of service in the employment contract, when the employee dissolves the employment contract according to Article 38 of the Employment Contract Law, it is not against the stipulation of the period of service, and the employer is not entitled to ask the employee to pay a penalty for breach of contract.
有下列情形之一，用人单位与劳动者解除约定服务期的劳动合同的，劳动者应当按照劳动合同的约定向用人单位支付违约金：
If the employer dissolves the employment contract which has stipulated the period of service under any of the following circumstances, the employee shall pay a penalty for breach of contract to the employer:
(一)劳动者严重违反用人单位的规章制度的;
1. the employee seriously violates the rules and procedures set up by the employer;
(二)劳动者严重失职，营私舞弊，给用人单位造成重大损害的;
2. the employee seriously neglects his duties or engages in malpractice for personal gains and has caused severe damages to the employer;
(三)劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的;
3. the employee simultaneously enters an employment relationship with any other employer and thus seriously affects his completion of the tasks assigned by the employer, or the employee refuses to correct after the employer has pointed out the problem;
(四)劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思的情况下订立或者变更劳动合同的;
4. the employee, by means of deception or coercion or by taking advantage of the employer's difficulties, forces the employer to conclude or change the employment contract against the employer's true will; or
(五)劳动者被依法追究刑事责任的。
5. the employee is under investigation for criminal liabilities.
第二十七条 劳动合同法第四十七条 规定的经济补偿的月工资按照劳动者应得工资计算，包括计时工资或者计件工资以及奖金、津贴和补贴等货币性收入。劳动者在劳动合同解除或者终止前12个月的平均工资低于当地最低工资标准的，按照当地最低工资标准计算。劳动者工作不满12个月的，按照实际工作的月数计算平均工资。
Article 27 According to Article 47 of the Employment Contract Law, the monthly wages for calculating the economic compensation to be paid to an employee shall be the monthly wages that the employee deserves, including the hourly wages or piecework wages and other monetary incomes such as bonuses, allowances and subsidies. If the average wages of the employee in the 12 months before the employment contract is dissolved or terminated are below the local minimum wages level, the economic compensation shall be calculated based on the local minimum wages. If the working time of the employee is less than 12 months, the average wages shall be calculated based on the actual work time.
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