当前,相当一部分改制企业和生产经营困难、经济效益较差的企业,为了减员增效、规范下岗,对劳动合同已到期的职工,予以终止劳动合同。但由于一些企业不是按规定和程序终止劳动合同,因此,引发了大量劳动争议。经调查,笔者认为:企业在与职工终止劳动合同时应注意处理好如下几方面的问题。一、终止劳动合同应按规定支付补偿金。由于《劳动法》没有明确规定终止劳动合同支付补偿金,所以相当一部分企业认为终止劳动合同不需支付补偿金,这是不对的。原劳动部《关于贯彻执行〈中华人民共和国劳动法〉若干问题的意见》第三十八条规定:“劳动合同期满或者当事人约定的劳动合同终止条件出现,劳动合同即行终止,用人单位可不支付劳动者经济补偿金,国家另有规定的,可以从其规定”。对此原劳动部办公厅《关于终止劳动合同支付经济补偿金有关问题的复函》(劳办 At present, a considerable part of the restructuring of enterprises and production and operation of enterprises with poor economic efficiency, in order to reduce staff efficiency, regulate laid-off workers who have expired labor contracts, to terminate the labor contract. However, due to the fact that some enterprises did not terminate labor contracts according to the rules and procedures, a great deal of labor disputes were triggered. After investigation, I believe that: Enterprises in the termination of labor contracts with workers should pay attention to deal with the following aspects of the problem. First, terminate the labor contract should be paid compensation. As the “Labor Law” does not explicitly provide for the termination of labor contracts to pay compensation, so a considerable number of businesses that terminate the labor contract without compensation payments, this is wrong. Article 38 of the Opinions of the Ministry of Labor on Several Opinions on the Implementation of the Labor Law of the People’s Republic of China stipulates: “When a labor contract expires or conditions for termination of a labor contract as agreed by the parties appear, the employment contract shall be terminated and the employer may or may not Pay workers economic compensation, the state provides otherwise, from its provisions ”. In response, the General Office of the Ministry of Labor “on termination of labor contracts to pay economic compensation payments reply” (Labor Office