If the labor contract is not renewed upon expiration, does the enterprise have to pay compensation?

If the contract expires and the employee asks not to renew it, there is no severance If the employer does not ask to renew it with you, there is severance Calculation of severance payment:

One month's salary is paid to the worker for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

If there are no of the following circumstances: (1) Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are under diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

Except in the case where the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the employer shall pay economic compensation to the employee if it terminates the fixed-term labor contract.

Legal analysis: The contract expires and the labor contract is terminated. If you are still working in the company, there is a de facto employment relationship, and it is recommended to renew the visa as soon as possible.

1. If the unit does not renew the wideness, it needs to be sold for economic compensation. 2. If the employee does not renew the contract, it will be subdivided into two situations depending on the specific situation: (1) If the employer maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be made.

2) If the employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

According to Article 44 of the Labor Contract Law, the labor contract shall be terminated when the contract expires.

1. If the employee requests to renew the contract at this time, and the employer does not agree, the unit shall give the employee economic compensation.

2. If the employer agrees to renew the contract, but the employee does not agree to renew, the employer does not need to pay compensation. It is based on Article 46 (5) of the Labor Contract Law.

Is there any compensation for not renewing the employment contract when it expires?

The severance compensation at the end of the termination of the employment contract shall be calculated from January 1, 2008, and the previous length of service shall not be counted, because the Labor Contract Law came into effect on January 1, 2008 and is not retroactive.

Article 46 of the Labor Contract Law stipulates that after the expiration of a fixed-term labor contract, if the employer does not renew the employment contract with the employee and the employment contract is terminated, the employer shall pay economic compensation to the employee. Of course, if the employer maintains or raises the terms and conditions of the employment contract to renew the employment contract, the employee still does not agree.

One month's notice is not renewed, no need to pay in lieu of notice, economic compensation will be given for each full year after 08 years, and compensation will be made according to the previous provisions before 08 years.

Case-by-case analysis:

a. There is no circumstance that an indefinite labor contract shall be signed as stipulated in Article 14 of the Labor Contract Law.

1. If the unit does not renew, it needs to be economicalIndemnification

If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service;

Second, if the employee does not renew, it depends on the specific situation.

1. If the employer maintains or improves the original working conditions, and the employee still does not renew the contract, thenNo financial compensation will be made

2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also carry out the economyIndemnification

b. There is no circumstance that an indefinite labor contract shall be signed as stipulated in Article 14 of the Labor Contract Law.

If an employee requests to renew an indefinite-term labor contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the labor contract illegally, the employer shall pay the employee compensation.

For example, after the employer and the employee have entered into two fixed-term labor contracts in a row, and the employee has not violated the law or discipline and is incompetent for the job, as long as the employee proposes to conclude an indefinite-term labor contract, the employer must unconditionally conclude an indefinite-term labor contract with the employee, that is, the employer cannot terminate the labor contract, otherwise it will be illegally terminated. Compensation for illegal termination of labor relations shall be paid.

Is there any compensation for not renewing the employment contract when it expires?

Whether compensation is required if the labor contract is not renewed upon expiration is scored in two situations: 1. If the employer does not renew, economic compensation is required. Second, if the employee does not renew the visa, it depends on the specific situation and is subdivided into two situations:

1. If the employer maintains or improves the original working conditions, but the employee still does not renew the contract, no economic compensation will be paid. 2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also make economic compensation.

If the labor contract expires and the company does not renew it, can I get compensation? Lao Luo showed up to tell you! I hope you can communicate together! Thank you!

The old labor law stipulates that if the contract is terminated at the expiration of the contract, the employer does not need to pay economic compensation, but if the employee is legally contacted by the employer's behavior, there is economic compensation.

Now, if the contract is not renewed after the expiration of the contract, it will be terminated naturally, and the employer only needs to pay you three or three and a half months of economic compensation. However, if you terminate the labor contract because the company does not pay social security premiums to you under Article 38 of the Labor Contract Law, the employer before 08 years will also pay severance compensation.

Of course, you have to settle the account yourself.