After 5 years of work, the contract will not be renewed after the expiration of the contract, and th

Updated on society 2024-02-09
6 answers
  1. Anonymous users2024-02-06

    The expiration of the labor contract; 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, if the fixed-term labor contract is terminated, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.

    The premise is that your company does not improve the salary, and you will be compensated! If the labor law is strictly enforced, there is!

  2. Anonymous users2024-02-05

    If the contract expires and the unit does not agree to renew, it needs to be compensated; If the employee does not agree to renew the visa, the employer does not need to compensate.

  3. Anonymous users2024-02-04

    It depends on the specific terms of your employment contract.

    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 also pay economic compensation if the labor contract expires and the fixed-term labor contract is terminated.

    The labor contract exists on the date of implementation of the Labor Contract Law and is dissolved or terminated after the implementation of the Labor Contract Law, and the period of severance compensation is calculated from the date of implementation of the Labor Contract Law. That is, if the starting date of your employment contract is before January 1, 2008 and the termination date is after January 1, 2008, the severance period shall be calculated from January 1, 2008, for example, if the termination period of your contract is on October 1, 2008, the compensation period is 9 months, which is more than six months and less than one year, it will be calculated according to one, that is, you will be paid one month of severance compensation.

    At the same time, the employer shall pay the corresponding social insurance for the employee during the employment period, and if your employer fails to pay the fee, you can file a complaint with the local labor and social security department to resolve it.

  4. Anonymous users2024-02-03

    Legal analysis: If the employer does not renew the labor contract after the expiration of the labor contract, the employee can receive economic compensation, and if he has worked for 5 years, he or she will receive 5 months' salary as compensation.

    Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. If it is more than six months but less than one year, it will be 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 average wage of the employee in the previous year as 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid 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.

  5. Anonymous users2024-02-02

    If the employer proposes not to renew the labor contract with the employee after the employee has worked for 5 years and the contract expires, the employer shall pay the employee severance according to the wage rate of one month for each full year. If the employee meets the conditions of signing an indefinite-term labor contract, and the employer refuses to renew the contract, it is illegal to terminate the contract, and the employee shall be paid compensation at the rate of 2 months' salary for every 1 year of service.

    1. 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; 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, it shall pay compensation to the employee who is tired and tired, and pay 2 months' salary for 1 year of service;

    2. If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new labor contract provided by the employer are increased. Article 14 of the Labor Contract Law stipulates that an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.

    In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

    1) The worker has worked for the employer for 10 consecutive years;

    2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

    3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 mu blind call for economic compensation to pay half a month's salary to the laborer.

  6. Anonymous users2024-02-01

    Yes. According to Article 36 of the Labor Contract Law of the People's Republic of China, economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary 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.

    Therefore, whether compensation is required for non-renewal of the labor contract upon expiration is scored in two situations:

    1. If the unit does not renew the visa, 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 employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

    Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

    Is there any compensation for not renewing the two-year contract at the end of the year.

    When the contract expires, the company does not renew it, and the company will give financial compensation. According to the Law of the Labor Group on Rough Contracts, if the employer does not renew the labor contract upon expiration, it shall pay economic compensation according to the number of years of service of the employee in the unit. That is, one month's salary is paid to the worker for each full year of work.

    If it is more than 6 months but less than one year, it will be counted as one year; Half a month's salary is paid for less than half a year.

    Legal basis:

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