When the employment contract expires and the company is unwilling to renew it, what compensation can

If the labor contract expires and the company does not renew it, the employee can receive one month's salary for each year of the working life of the employer.

According to Article 46 (5), Article 47 and Article 97 of the Labor Contract Law, and Article 38 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309), if the labor contract expires and the employer does not renew the contract and terminates it, it shall pay one month's salary and economic compensation every year according to the employee's working years in the unit from January 1, 2008, and one year if it has been six months but less than one year. If it is less than half a year, it will be paid on a semi-annual basis.

Personal wages refer to 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.

According to Article 47 of the Labor Contract Law, the severance compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid to the employee 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.

There is compensation. When the labor contract expires, the company does not renew it, and the company shall pay severance according to the provisions of the labor contract law, but in reality, many companies let employees sign voluntary resignation applications through routines, so it is necessary to pay attention to identification.

Although the employee can receive economic compensation if the contract is not renewed after the expiration of the contract, there is an exception: the employer renews the contract with you under the condition of maintaining or improving the treatment, and you still do not agree to renew the contract.

Description of the duration of the contract:The term of the employment contract refers to the period of validity of the contract, which generally begins on the effective date of the contract and ends at the termination of the contract. Any labor process is carried out in a certain time and space.

In modern society, working hours are considered to be a ruler to measure the efficiency and results of labor. The term of the labor contract shall be determined through negotiation between the employer and the employee. It is an important part of the labor contract and plays a very important role.

If you really want to defend your rights, you need to have detailed details of the case, not one or two questions on the Internet or something that can be clearly explained. It is recommended that you use "Smart Arbitration" to make an assessment to know whether the company's practices are illegal, which of your rights have been infringed, how much compensation you can receive, and the probability of successful arbitration.

It is the employer's right not to renew the contract when the employer's contract expires. We can't force an employer to sign a contract with us. However, if the employer does not renew the contract and you do not want to resign, you can ask the employer for financial compensation.

Some workers think that if the employment contract signed with the employer expires and the company does not renew it, the company will not be liable, which is actually a misunderstanding of the labor law. If the contract you signed with the employer expires and the employer does not renew it, and you want to renew it, you can ask the company to give you no less than n times the compensation according to the economic compensation plan of the labor law. For example, if you have worked in the company for 5 years and your monthly salary is 10,000, you can ask for no less than 50,000 yuan in economic compensation.

Some employers do not know the law, but like to take advantage of the loopholes of the labor law. If the employee does not understand the law and does not take the initiative to file it, the company can pay a lesser amount of compensation. Some employers just want to give less if they can give less.

As a worker, it is still necessary to master some legal knowledge, protect their legitimate rights and interests, and effectively protect their due interests. In order to save costs, some employers do not pay social security to employees who leave the company in the same month. These rights are entirely within reach.

In the month of resignation, even if you only work for one week in that month, the employer is obliged to pay social security for you. It is important to know that Qingmeng and Dao social security are very important to migrant workers, and if they are interrupted in the middle, they will be restricted from handling things later.

In addition, there are many reasons why they continue to work in the original unit without renewing the written contract, such as negligence in personnel work, failure to negotiate between the two parties, etc. Generally, both parties can propose to terminate the contract within 1 month (local regulations may vary), but more than 1 month the enterprise is involved in violating the law. If you want to use the contract to better protect your rights and interests, it is best to negotiate with the employer to sign it as soon as possible.

Generally, if it is negligent, it will be solved quickly. However, if you don't want to do it anymore and mainly want to get a claim, you should pay attention to two points, one is to collect as much evidence as possible, and the other is to pay attention to the time limit and seize the best time to resolve.

Summary: You can't have both fish and bear's paws, if you want to keep your job reputation, it is more difficult to get a claim, because once the two sides have a stalemate, it is unlikely to turn back to the legal route!

If the employer does not answer and renew the contract, it will be compensated according to one month's salary per working year, and if the individual does not renew the contract, there will be no compensation, and according to Article 47 of the Labor Contract Law, 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. If it is more than six months but less than the year of the Qing Dynasty, it will be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.

When the labor contract expires and the company does not renew it, but it does not fire you, and allows you to continue to work in the company, you can go to the relevant departments to sue the company.

If the employment contract has expired and the company is unwilling to renew it, you will not get any compensation in this case.

I don't think you've done anything wrong if you don't renew your visa for no reason. Then you can still ask the company for compensation.

Yes, the company will sign a labor contract for the employee before and after the employment, and the term will generally be one year. When the employment contract expires, the company will renew the employment contract for the employee for one year. However, if the company does not renew the contract after expiration, then both the company and the employee can negotiate to give double financial compensation, or ask the company to renew the visa.

No, you can't. Because the term of the employment contract has arrived. You don't have any labor relationship with this company.

1. If the company does not renew the contract, it needs to pay economic compensation to the employee. 2. If the employee is unwilling to renew, the company does not need to pay any compensation. 3. In the following two circumstances, the employee is unwilling to renew the original contract, and the company pays twice the compensation to the employee.

First, the employee has entered into two fixed-term employment contracts in a row. Second, the employee has been working in the company for ten consecutive years.

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.

Legal Analysis: Severance should be paid to the employee. The standard is that one month's salary is paid after one year of service, and if it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, it will be calculated as half a month's salary.

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 an employer and an employee conclude a labor contract before employing the imitation worker, the labor 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.

If the employee takes the initiative not to renew the contract upon the expiration of the labor contract, the employer is not required to pay severance compensation.

If the employer proposes not to renew the contract upon the expiration of the labor contract, it shall pay severance compensation.

If the employer renews the labor contract by maintaining or improving the working conditions (mainly the employee's treatment) agreed in the original labor contract and the employee is unwilling to renew the contract, the employer is not required to pay severance payment.

If the employer renews the labor contract by reducing the working conditions (mainly the employee's treatment) agreed in the original labor contract and the employee is unwilling to renew the contract, the employer shall pay severance to the employer.

I am a sanitation worker and my contract expires on March 30, 2020, if I don't renew my contract please am compensated?