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Labor Contract Law of the People's Republic of China.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
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;
Article 44 The labor contract shall be terminated under any of the following circumstances:
1) The term of the labor contract has expired;
If your employment contract expires and your employer does not renew it, you can get economic compensation.
Severance is calculated as follows:
Labor Contract Law of the People's Republic of China.
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.
Your severance should be one month's salary.
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.
You have been working for less than 10 years, but you should request an indefinite contract when you sign a contract for the third time. If the third contract is an indefinite contract, and the unit terminates the contract now, it is an illegal termination, and the consequences are as follows:
Labor Contract Law of the People's Republic of China.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
Now the unit is terminating the expired contract, so it cannot get double compensation. This is also the result of your neglect to protect your rights and interests when you sign a contract for the third time.
If you propose to renew the contract now, whether the unit should renew it or not, whether it is considered an illegal termination and then apply to the provisions of Article 87 should be a matter of dispute, and I personally believe that the premise of rescission and termination should be the signed contract, which should be signed but not signed after all.
There is a legal basis for continuing to work now to demand double pay, but after all, the time is too short.
Your last thought is correct, it is recommended to go to arbitration, and when you make a request, you should bring up all the things you think about and try to fight for it.
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After working for ten years, is it legal for the company not to renew the labor contract?
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If you are not at fault, there is no reason for the employer to terminate the employment contract in accordance with Article 39 of the Labor Contract Law, and you are not planning to renew the contract with you in a Beijing company, then you may receive 10 months of economic compensation (if the employer legally terminated the employment contract in accordance with Article 40 or 41 of the Labor Contract Law), or 20 months of compensation (if the employer illegally terminated the employment contract).
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If you leave voluntarily, you can receive ten months' salary in severance payment.
If the employer forcibly terminates the employment contract, you can receive 20 months' salary as economic compensation.
Work hard and wait for the unit to issue a written notice of termination.
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Legal Analysis: There is no compensation for employees who do not renew their visas for personal reasons. If the employer proposes not to renew the contract, it shall pay the employee severance payment, one month's salary for one year of service, and 10 months' salary as compensation after ten years of service.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China 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.
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Legal analysis: 1. If the unit does not renew, economic compensation is required. 2. If the employee does not renew the visa, it will be subdivided into two situations depending on the specific situation:
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 reduces the original working conditions and the employee does not renew the contract, the employer shall also make economic compensation.
Legal basis: Labor Contract Law of the People's Republic of China
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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