Common use of Discharge of the Contract Clause in Contracts

Discharge of the Contract. 1) The Contract, which are agreed by both parties after negotiation ,could be discharged. If the discharge is suggested by the Employer, he should compensate the Employee according to some regulation. 2) The Contract may be terminated by the Employer: a. The Employee does not meet the job requirements during the probation period. b. The Employee seriously violates disciplines or bylaws of the Employer. c. The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer. d. The Employee is being punished by physical labor for its misfeasance e. The Employee is pregnant in the Contract term out of arrangement. f. The Employee is being charged with criminal offences. g. The Employee is going out of business, or shutout, or close to bankruptcy and legally neatening, or its business situation in serious trouble. h. After the treatment of the employee’s disease, neither could he meet the requirement of the job agreed on the Contract, nor could he do other job assigned by the Employer. i. The Employee couldn’t meet the requirement of his job before or after training or adjustment of position. j. The circumstances have materially changed from the date his Contract was signed to the extent that it is impossible to execute the Contract provided, however that the parties can’t reach an agreement to amend the contract to reflect the changed circumstances. k. The discharge clauses agreed here are met. The Contract may be discharged by the Employer by giving notice in written form 10 days in advance, which complies to the clauses of No.g,h,I,j,k, and the Employer should compensate the Employee accordingly, and specially for medical treatment in clause No.h 3) The Contract may be discharged by the Employee by giving notice in written form 30 days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: a. The Employee is still in the probationary period b. The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom. c. The working conditions, which are confirmed by the state, are so serious that would do harm to the Employee’s health. 4) The Employee shall not be dismissed: a. The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disables d by the Labor Authentication Commission. b. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy. c. The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or d. The applicable PRC laws and regulations otherwise prohibit the termination of the Contract. 5) Both parties would come to the procedures in 7 days after the Contract is discharged.

Appears in 5 contracts

Samples: Labor Contract (China Architectural Engineering, Inc.), Labor Contract (China Architectural Engineering, Inc.), Labor Contract (China Architectural Engineering, Inc.)

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Discharge of the Contract. 1) The Contract, which are agreed by both parties after negotiation ,could be discharged. If the discharge is suggested by the Employer, he should compensate the Employee according to some regulation. 2) The Contract may be terminated by the Employer: a. The Employee does not meet the job requirements during the probation period. b. The Employee seriously violates disciplines or bylaws of the Employer. c. The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer. d. The Employee is being punished by physical labor for its misfeasance e. The Employee is pregnant in the Contract term out of arrangement. f. The Employee is being charged with criminal offences. g. The Employee is going out of business, or shutout, or close to bankruptcy and legally neatening, or its business situation in serious trouble. h. After the treatment of the employee’s disease, neither could he meet the requirement of the job agreed on the Contract, nor could he do other job assigned by the Employer. i. The Employee couldn’t meet the requirement of his job before or after training or adjustment of position. j. The circumstances have materially changed from the date his Contract was signed to the extent that it is impossible to execute the Contract provided, however that the parties can’t reach an agreement to amend the contract to reflect the changed circumstances. k. The discharge clauses agreed here are met. The Contract may be discharged by the Employer by giving notice in written form 10 days in advance, which complies to the clauses of No.g,No. g, h,I,, i, j,, k, and the Employer should compensate the Employee accordingly, and specially for medical treatment in clause No.hNo. h 3) The Contract may be discharged by the Employee by giving notice in written form 30 days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: a. The Employee is still in the probationary period b. The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom. c. The working conditions, which are confirmed by the state, are so serious that would do harm to the Employee’s health. 4) The Employee shall not be dismissed: a. The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disables d by the Labor Authentication Commission. b. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy. c. The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or d. The applicable PRC laws and regulations otherwise prohibit the termination of the Contract. 5) Both parties would come to the procedures in 7 days after the Contract is discharged.

Appears in 3 contracts

Samples: Labor Contract (SRKP 1 Inc), Labor Contract (SRKP 1 Inc), Labor Contract (SRKP 1 Inc)

Discharge of the Contract. 1) The Contract, which are agreed by both parties after negotiation ,could be discharged. If the discharge is suggested by the Employer, he should compensate the Employee according to some regulation. 2) The Contract may be terminated by the Employer: a. The Employee does not meet the job requirements during the probation period. b. The Employee seriously violates disciplines or bylaws of the Employer. c. The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer. d. The Employee is being punished by physical labor for its misfeasance e. The Employee is pregnant in the Contract term out of arrangement. f. The Employee is being charged with criminal offences. g. The Employee is going out of business, or shutout, or close to bankruptcy and legally neatening, or its business situation in serious trouble. h. After the treatment of the employee’s disease, neither could he meet the requirement of the job agreed on the Contract, nor could he do other job assigned by the Employer. i. The Employee couldn’t meet the requirement of his job before or after training or adjustment of position. j. The circumstances have materially changed from the date his Contract was signed to the extent that it is impossible to execute the Contract provided, however that the parties can’t reach an agreement to amend the contract to reflect the changed circumstances. k. The discharge clauses agreed here are met. The Contract may be discharged by the Employer by giving notice in written form 10 days in advance, which complies to the clauses of No.g,No. g, h,I, i ,j,, k, and the Employer should compensate the Employee accordingly, and specially for medical treatment in clause No.hNo. h 3) The Contract may be discharged by the Employee by giving notice in written form 30 days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: a. The Employee is still in the probationary period b. The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom. c. The working conditions, which are confirmed by the state, are so serious that would do harm to the Employee’s health. 4) The Employee shall not be dismissed: a. The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disables d by the Labor Authentication Commission. b. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy. c. The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; age or d. The applicable PRC laws and regulations otherwise prohibit the termination of the Contract. 5) Both parties would come to the procedures in 7 days after the Contract is discharged.

Appears in 1 contract

Samples: Labor Contract (SRKP 1 Inc)

Discharge of the Contract. 1) The Contract, which are agreed by both parties after negotiation ,could be discharged. If the discharge is suggested by the Employer, he should compensate the Employee according to some regulation. 2) The Contract may be terminated by the Employer: a. The Employee does not meet the job requirements during the probation period. b. The Employee seriously violates disciplines or bylaws of the Employer. c. The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer. d. The Employee is being punished by physical labor for its misfeasance e. The Employee is pregnant in the Contract term out of arrangement. f. The Employee is being charged with criminal offences. g. The Employee is going out of business, or shutout, or close to bankruptcy and legally neatening, or its business situation in serious trouble. h. After the treatment of the employee’s disease, neither could he meet the requirement of the job agreed on the Contract, nor could he do other job assigned by the Employer. i. The Employee couldn’t meet the requirement of his job before or after training or adjustment of position. j. The circumstances have materially changed from the date his Contract was signed to the extent that it is impossible to execute the Contract provided, however that the parties can’t reach an agreement to amend the contract to reflect the changed circumstances. k. The discharge clauses agreed here are met. The Contract may be discharged by the Employer by giving notice in written form 10 days in advance, which complies to the clauses of No.gNo g, h ,h,I,i, j,, k, and the Employer should compensate the Employee accordingly, and specially for medical treatment in clause No.hNo. h 3) The Contract may be discharged by the Employee by giving notice in written form 30 days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: a. The Employee is still in the probationary period b. The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom. c. The working conditions, which are confirmed by the state, are so serious that would do harm to the Employee’s health. 4) The Employee shall not be dismissed: a. The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disables d by the Labor Authentication Commission. b. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy. c. The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or d. The applicable PRC laws and regulations otherwise prohibit the termination of the Contract. 5) Both parties would come to the procedures in 7 days after the Contract is discharged.

Appears in 1 contract

Samples: Labor Contract (SRKP 1 Inc)

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Discharge of the Contract. 1) The Contract, which are agreed by both parties after negotiation ,could be discharged. If the discharge is suggested by the Employer, he should compensate the Employee according to some regulation. 2) The Contract may be terminated by the Employer: a. The Employee does not meet the job requirements during the probation period. b. The Employee seriously violates disciplines or bylaws of the Employer. c. The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer. d. The Employee is being punished by physical labor for its misfeasance e. The Employee is pregnant in the Contract term out of arrangement. f. The Employee is being charged with criminal offences. g. The Employee is going out of business, or shutout, or close to bankruptcy and legally neatening, or its business situation in serious trouble. h. After the treatment of the employee’s disease, neither could he meet the requirement of the job agreed on the Contract, nor could he do other job assigned by the Employer. i. The Employee couldn’t meet the requirement of his job before or after training or adjustment of position. j. The circumstances have materially changed from the date his Contract was signed to the extent that it is impossible to execute the Contract provided, however that the parties can’t reach an agreement to amend the contract to reflect the changed circumstances. k. The discharge clauses agreed here are met. The Contract may be discharged by the Employer by giving notice in written form 10 days in advance, which complies to the clauses of No.g,No. g, h,I,, i, j,, k, and the Employer should compensate the Employee accordingly, and specially for medical treatment in clause No.hNo .h 3) The Contract may be discharged by the Employee by giving notice in written form 30 days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: a. The Employee is still in the probationary period b. The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom. c. The working conditions, which are confirmed by the state, are so serious that would do harm to the Employee’s health. 4) The Employee shall not be dismissed: a. The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disables d by the Labor Authentication Commission. b. The Employee is its ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy. c. The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or d. The applicable PRC laws and regulations otherwise prohibit the termination of the Contract. 5) Both parties would come to the procedures in 7 days after the Contract is discharged.

Appears in 1 contract

Samples: Labor Contract (SRKP 1 Inc)

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