On the issue of compensation for not renewing the labor contract when it expires?

The company can not renew the contract when it expires.,It seems that there is no compensation.。。

If the contract expires, the company will not be compensated with one month's notice. If you don't give advance notice, you will be paid for the next month.

1. Even if one month's notice is given, there should be economic compensation, and the compensation standard is one month's salary for one year, and if it is more than six months and less than one year, it will be calculated as one year. Half a month's salary for less than six months. 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.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

2. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

In the case of 1, the company is required to pay severance according to the length of service since 08. One month's salary for one year or more than six months, and half a month's salary for less than six months as economic compensation.

In the case of 2, if the contract is notified of non-renewal before the expiration of the contract, compensation will be made in the case of 1. Because the contract expires and is not renewed, the law does not explicitly provide for one month's notice. If the contract is not renewed after expiration, it will be deemed that the contract will be terminated after the establishment of a de facto labor relationship, and you will be compensated according to the length of service since joining the company, specifically for you, that is, three months' salary.

Legal analysis: If the labor contract is not renewed after expiration, the contract is terminated, and economic compensation is generally not required. If the company agrees to renew the contract, but the treatment of the new contract is reduced, and you do not renew it on the grounds of reduced treatment, you should be paid severance compensation; If you do not agree to renew your visa, there will be no severance except for the above circumstances.

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 A written labor contract shall be concluded for the establishment of labor relations. 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.

There is compensation for not renewing the labor contract when it expires. 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 the employee compensation for hunger and hunger, and pay two months' wages for one year of service. Article 14 of the Labor Contract Law refers to an indefinite term 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 a worker 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 have been concluded consecutively, and the labor contract is renewed without the circumstances provided for in Paragraphs 1 and 2 of Article 39 and 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.

Compensation shall be given if the labor contract is not renewed upon expiration, as follows:

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;

2. If the employee is required to renew the labor contract with an indefinite term due to the prescribed circumstances, and the employer refuses to renew the labor contract illegally, it shall pay the employee compensation and pay 2 months' wages for 1 year of service. The prescribed circumstances are as follows:

1) The employee 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 reorganizes the labor contract and enters into a labor contract again, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) The labor contract is concluded for two consecutive fixed-term labor contracts, and the labor contract is renewed without the circumstances prescribed by law.

Legal basisArticle 47 of the Labor Contract Law of the People's Republic of China.

Severance shall be paid to the worker 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.

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.

1. Whether compensation will be given if the labor contract is not renewed upon expiration.

1. If the labor contract is not renewed by the company, it shall pay economic compensation. According to the number of years of service of the worker, one month's salary shall be 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 as economic compensation.

2. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Severance Compensation] The employer shall pay severance 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 the employee agrees to terminate the labor contract through consultation;

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.

2. What is the compensation standard for the boss to dismiss employees?

The compensation standard for the boss to dismiss the employee is as follows:

1. For economic layoffs in the unit, the dismissed employees need to pay economic compensation, and 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 unit;

2. If an employee is dismissed without cause, the unit needs to pay double the economic compensation;

3. If the employee is dismissed due to fault, the company does not need to pay compensation.

If the employment contract is not renewed upon expiration, does the employer need to pay economic compensation? First of all, if the unit does not renew, financial compensation is required. 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 the employee requests to renew the 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 and pay 2 months' wages for 1 year of service; Secondly, if the employee does not renew the contract, it depends on the specific situation, if the employer maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be paid; If the employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

It is worth noting that the working conditions here are broadly defined and include wages but not only wages, such as working conditions, welfare levels, etc.

The labor contract shall not be renewed upon expiration and the labor contract shall be terminated.

According to Article 44 (1) of the Labor Contract Law, the labor contract shall be terminated without renewal upon the expiration of the labor contract.

According to Article 46 (5), Article 47 and Article 97 of the Labor Contract Law, if the employer maintains or improves the conditions of the labor contract, and the employee does not renew the contract and terminates it, there shall be no severance payment; If the employer lowers the working conditions and the employee does not renew the contract, the employer shall pay severance payments. The severance shall be paid according to the employee's working years in the unit from January 1, 2008 onwards, and shall be paid one month's salary every year, and shall be paid on the basis of one year for the full six months but less than one year, and on the basis of half a year for the less than half a year.

The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

If there is no violation of the company's rules and regulations, the labor contract can be terminated, and the company should compensate you with one month's salary for one year, and if it makes you leave immediately, you also need to pay one month's salary in lieu of notice.

If the company does not renew the contract, you should pay compensation according to your working years, one month's salary for one year, one year for less than one year, half a month's salary for less than half a year, and the standard is the average salary for the first 12 months, including bonuses, allowances and subsidies.

The company will not ask you to leave on February 14th, but it will allow you to do the end of your contract.

If you personally resign on your own initiative, you need to resign 30 days in advance, and the contract will not be renewed when it expires, and no advance notice is required.

1. If the unit does not renew the visa, economic compensation is required. Second, if the employee does not renew, depending on the specific situation, it 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.