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Keep your employment contract safe, as long as you do not indicate in black and white that you do not renew the employment contract, work until the expiration date of the labor contract, and ask the employer for the certificate of termination of the labor contract as stipulated in Article 50 of the Labor Contract Law, if the employer refuses to issue it, it shall be handled in accordance with Article 89, and the content of the certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
With this proof, you can claim financial compensation from the employer.
For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.
Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.
My Space has the legal provisions mentioned above, which you can check out.
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1. If the labor contract expires naturally, it is legally called contract termination.
1. If the employer does not renew the contract with you.
2. I want to renew the contract with you but reduce the labor remuneration.
The above two types of compensation are under the circumstances in which the employee can claim compensation from the employer, and the compensation shall be one month's salary for one year according to the number of years of service, half a month for less than six months, and one month for more than six months, as specified in Article 47 of the Labor Contract Law.
2. If you take the initiative not to renew the contract, you have no right to claim the economic compensation mentioned above.
This voluntary non-renewal means that if the employer asks you to renew the labor contract when it expires, and maintains or increases the labor remuneration, there is no economic compensation for your refusal to renew.
3. If the employer does not give 30 days' notice, it shall pay an extra month's salary as compensation. This compensation is due to the cost of the employer's lack of prior notice.
That is to say, one month before the expiration of the labor contract, the employer should send you a written letter of intent to renew the labor contract, so that the employee should be prepared.
Basically, the wages for severance refer to the average salary for the 12 months prior to the termination or termination of the employment contract.
That's basically it, good luck.
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1) The term of the labor contract has expired;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
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.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.
Comparing the above legal provisions, it can be seen that:
1. If the contract expires and the company does not renew the contract with you, the company will pay you economic compensation.
2. When the contract expires, the company is willing to renew it with you, and if you don't sign it, the company does not need to pay economic compensation.
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If the contract expires and the employer does not renew it, it must compensate you for three months' salary.
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If you have unemployment benefits, you can ask your local social security bureau for details.
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If the contract expires and the employee is not renewed, compensation is required. The details are as follows:
If the work contract expires and the employer does not renew it, the employee needs to be financially compensated. The so-called severance payment refers to the severance compensation given to the employee when the employer terminates the labor contract. After the termination or dissolution of the labor contract, the employer shall pay the employee a one-time economic subsidy in accordance with the law.
According to the law, when an employer terminates a labor contract with an employee, it shall pay a certain amount of severance in a lump sum according to a certain standard. If the employer requests to renew the labor contract for an indefinite term, and the employer refuses to renew the labor contract for an illegal basis, it shall pay the employee compensation and pay two months' wages for one year of service.
Legal basis] Labor Contract Law of the People's Republic of China
Article 14 An indefinite-term labor contract refers to a labor 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 17 The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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When the labor contract expires and the labor contract is terminated, the company will not renew it with you. Financial compensation is to be paid to you.
It is a fixed-term employment contract, and if you propose to renew it, the employer is different from the renewal. You can get a certain amount of financial compensation, and the specific amount of money you will be given depends on the number of years you have worked in the company, and you will be paid one month's salary for each full year. The specific operation depends on yourself, your current situation, and resignation is certain.
It is most practical to strive for multi-point compensation
Another point, if you have signed 2 fixed-term labor contracts in a row, you can ask to sign an indefinite labor contract with the company, the company cannot refuse, if the company does not agree, you can ask for double wages from the date of submission, remember to write an application for signing an indefinite labor contract. If the Ministry of Companies agrees, you will need to sign the person in charge of the employment contract. This is evidence, from this point on, you can ask for double wages, how good, the key, the key, is this application, if the company defaults, this is evidence.
Based on what I said above, do you understand? Depending on the circumstances, you can only claim compensation, and the other can request the signing of an indefinite labor contract, and obviously the second one is more advantageous, depending on your actual situation.
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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 employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.
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The company can choose not to renew the employee's labor contract when it expires, and if the employer does not renew it, it needs to make economic compensation. For the calculation of economic compensation, 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. 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 and economic compensation.
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If the fixed-term employment contract expires and the employer decides not to renew it, does it need to pay severance for terminating the employment contract? Is there compensation for employees not renewing?
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It depends on whether you want to work in this company or not, and if you still want to do it, it doesn't matter, if you don't want to do it, you can take some legal measures.
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It is not compensation, the company is not in breach of contract, but according to the custom, it should pay compensation for one month's basic salary every year, that is, compensation for 6 months' basic salary.
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According to the labor contract.
The law stipulates that if the contract expires and the company does not renew it, it must pay economic compensation to the employee.
One month per full year, before.
12 months. The monthly average.
Wages are the base base.
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When the labor contract expires, the employer does not renew the contract and does not need to pay compensation, and only if the employer is at fault, it needs to pay compensation.
Notes on contract renewal:
1. If the labor contract does not specify the labor remuneration, the employer and the employee shall make it clear through negotiation; If the coordination between the employer and the employee is inconsistent, the average labor remuneration for the 12 months prior to the expiration of the labor contract shall be used as the minimum standard for labor remuneration.
2. If the labor remuneration and labor conditions agreed in the labor contract change in the actual performance but the labor contract is not changed in accordance with the law, if the actual performance of the labor remuneration and working conditions are lower than the labor contract, it shall not be used as the minimum standard for renewing the labor contract.
3. If an employee suffers from an occupational disease or is injured on the job and is confirmed to have reached the specified level of disability and requests to renew the labor contract, the enterprise shall renew the contract with him.
4. If an employee has worked in the enterprise for more than 10 consecutive years, if he or she requests to renew the indefinite-term labor contract when renewing the labor contract, the enterprise shall renew the indefinite-term labor contract with him. <>
The company can not renew the contract when it expires.,It seems that there is no 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: >>>More