劳动和社会保障部办公厅关于对事实劳动关系解除是否应该支经济补偿金问题的复函 Letter of the General Office of the Ministry of Labor and Social Security Concerning Issues of Whether Economic Compensation Shall be Made When Factual Labor Relationship is Terminated
颁布日期：20011126 实施日期：20011126 颁布单位：劳动和社会保障部办公厅
LaoSheTingHan  No.249
November 26, 2001
Labor and Social Security Department of Zhejiang Province:
Your department's Request for Instructions on Whether Economic Compensation Shall Be Made When Labor Relationship is Terminated (ZheLaoSheZhong  No. 259) has been received. After discussing with the the Supreme People's Court, hereby reply as follows:
Article 16 of the Highest People's Court's Interpretation of Several Questions about Application of Laws on Hearing Cases of labor Dispute (FaShi  No.14), prescribes that: "Laborer can continue working in the original employing unit after expiration of the labor contract. If the employing unit does not object, it shall be regarded that the two parties would like to continue performing the labor contract under the original terms. If one party claims to terminate the labor relationship, the claim shall be supported by the people's court." In this provision, "termination" happens under the condition that after the expiration of the labor contract, the labor still work in the prime employing unit and the unit does not object. The labor relationship factually exists between the labor and the unit, but the two parties do not sign a new labor contract under the terms of the prime one. If one party claims to terminate the labor relationship, it shall be judged that the factual labor relationship is terminated.
上一篇： 财政部关于印发《外商投资企业执行企业会计制度>有关问题的规定》的通知 Circular of the Ministry of Finance on Printing and Distributing the Provisions on the Relevant Issues Concerning the Implementation of the Accounting Regulations for Enterprises by Enterprises with Foreign Investment