1. The labor relationship regulated by People's Republic of China (PRC) Labor Contract Law is a social relationship combining personal and property.
2. The Labor Contract Law of People's Republic of China (PRC) stipulates the rights and obligations of both parties to a labor contract. This relationship includes both personal relationship and property relationship, which are closely related and inseparable. Therefore, the labor relationship regulated by the Labor Contract Law is not a separate personal or property relationship, but a social relationship that combines personal and property.
For workers, the following procedures should be handled when dissolving the labor contract:
1. Send a written notice of dissolution to the employer in advance according to the time and requirements stipulated in the Labor Law. Under normal circumstances, if the employee terminates the labor contract in advance, he shall notify the employer in writing 30 days in advance;
2. Transfer of work and business;
3. Clean up the relationship between creditor's rights and debts; For the employer, in addition to giving thirty days' notice of early termination, the following procedures should also be noted:
(1) Settle wages and economic compensation in time;
(2) Handover of work and business;
(3) Transfer of employee files and social insurance;
(4) Clean up the relationship between creditor's rights and debts;
(5) The certificate of termination or rescission of the labor contract shall be issued as the certificate for the employee to enjoy unemployment insurance benefits, unemployment registration and job registration as required. The certificate shall specify the term of the labor contract, the date of termination or dissolution, and the work completed. At the request of the laborer, the employer can objectively explain the reasons for the termination of the labor contract in the certificate.
To sum up, the labor relationship regulated by the Labor Contract Law is a social relationship that combines personal and property. The Labor Contract Law regulates the rights and obligations between the parties to a labor contract, including both personal relations and property relations, which are closely related and inseparable. Therefore, the labor relationship regulated by the Labor Contract Law is not a separate personal or property relationship, but a social relationship that combines personal and property.
Legal basis:
Article 1 of People's Republic of China (PRC) Labor Contract Law
The purpose of legislation is to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.
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Scope of Application This Law is applicable to employers, enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employers) in China to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts.
State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.