Expiration of the contract Whether the individual does not renew the contract is compensated

If the employee is unwilling to renew the contract upon expiration, it does not fall under Article 46 of the Labor Contract Law, which states that "the employer shall pay economic compensation to the employee under any of the following circumstances: (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, there will be no economic compensation if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law". ]

If the renewal conditions are higher or equal to the original contract conditions, the employee will not be compensated if the renewal conditions are higher or lower than the original contract conditions. ]

The law is dead, the man is alive, and the law must also use wisdom to dig out the reason. It's simple that you don't want to work in this factory; There are many reasons for this, such as the company not paying pension insurance premiums for you, such as working overtime for more than 36 hours per month, and not having four days off per month. For example, overtime is not paid at 150 percent.

These reasons are all corporate violations.

Because the company violates the law, you can not only terminate the employment contract at any time. You can also enjoy one month's salary [severance payment] for one year of service, and half a month's salary [severance payment] for less than 6 months of service.

In the case that the company does not reduce the conditions of the original contract, you do not renew without compensation].

The expiration of the contract is a legal termination of the contract, and there is no compensation for the individual who does not renew it.

Labor Contract Law of the People's Republic of China

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

The clause on compensation for termination of the employment contract stipulates that compensation shall be paid.

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:

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) 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;

6) Terminating a 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.

To be in accordance with the contract must give bonuses! If you don't give it, ask the local labor department for help! ]

In this case, there is usually no compensation. Unless the employer offers to dismiss you. ]

Legal Analysis: There is no financial compensation for individuals who do not renew the contract after it expires.

According to Article 46, Paragraph 5 of the Labor Contract Law of the People's Republic of China, upon the expiration of the labor contract, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract.

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 employee 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) 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; 6) Terminating a 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.

Legal analysis1. If the unit does not renew, economic compensation is required. Second, if the employee does not renew, it depends on the specific situation.

It is further subdivided into two situations: 1. 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. 2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also make economic compensation.

Legal basisArticle 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 employee 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) 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; 6) Terminating a 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.

Legal Analysis: There is no financial compensation for individuals who do not renew the contract after it expires.

According to Article 46, Paragraph 5 of the Labor Contract Law of the People's Republic of China, upon the expiration of the labor contract, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract.

Basis for legal change:

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 employee: (1) the employee 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) 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; 6) Terminating a 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.

There is no compensation for individuals who do not renew their contracts when they expire.

If the unit does not renew, then it is necessary to make financial compensation. If the employee does not renew the contract, 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.

Introduction to the contract:

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. Article 464 of the Civil Code of the People's Republic of China: The legal provisions on the status relationship shall apply to marriage, adoption, guardianship and other agreements related to the status relationship. <>

If the employee proposes not to renew the contract after the expiration of the contract, there is no compensation. If the employer lowers the conditions of the labor contract and the employee refuses to renew the labor contract, the employer shall pay severance payment.

1. Can the company not leave the employee after the expiration of the labor contract?

When the labor contract expires, the employer may not dismiss the employee at will. 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 employment contract, the employer refuses to renew the employment contract and shall pay the employee compensation.

2. How to calculate the severance after the termination of the labor contract.

1. If the labor contract expires and the employer proposes to terminate it without renewing it, the employee shall be paid severance and one month's salary for one year of service; If an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the employment contract illegally, it shall pay the employee compensation, pay two months' wages for one year of service, and so on.

3. What should I do if the labor contract expires?

After the expiration of the labor contract, there are three ways to deal with it, each with different legal consequences:

1) The labor contract can be renewed through negotiation between the employee and the employer.

2) If the employee does not renew the labor contract on his or her own initiative, the labor relationship between the two parties will be terminated and the employee will not be able to receive economic compensation. However, if the employer lowers the remuneration and then proposes to renew the contract with the employee, and the employee refuses, the employer shall also pay the employee severance payment.

3) If the employer is unwilling to renew the labor contract with the employee, it shall pay the employee severance and terminate the labor relationship.

Article 46 of the Labor Contract Law: Except where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

If a fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, the employer shall pay economic compensation to the employee.

There is no financial compensation for individuals who do not renew the contract after it expires.

1. Whether the labor contract can be automatically terminated upon expiration.

The expiration of the labor contract cannot be automatically terminated, and if the contract continues to be performed upon expiration, it will not be automatically terminated. If the contract is not renewed or continued upon expiration, the contract is terminated rather than terminated, and the labor contract is not renewed after expiration, and the labor contract is terminated and the employer does not renew the labor contract, the employer shall pay economic compensation to the employee, and the economic 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 as economic compensation for each year of service of the employee.

2. The two-year contract will not be renewed for a few months at the expiration of the contract.

If the two-year contract is not renewed upon expiration, no compensation is required. If the contract is not renewed after expiration, it is not a violation of the law to terminate the labor contract, and no compensation is required, but only whether the employer needs to make compensation. If the employer refuses to renew the visa, it shall compensate the wages of two employees; If the employee refuses to renew the contract, the employer does not need to pay severance payment, and if the employee does not renew the contract due to the employer's reduced working conditions, the employer must still pay severance and pay the wages of two people to the employee.

3. Is there any severance for the termination of the labor contract?

Severance may not be paid after the termination of the employment contract, and there is no severance payment if the employment contract is terminated due to the following reasons:

1. Workers begin to enjoy basic pension insurance benefits in accordance with the law.

2. The worker dies, or is declared dead or missing by the people's court.

3. After the expiration of the labor contract, the employer maintains or even improves the original working conditions, but the employee chooses not to renew it.

If the employment contract is terminated due to the following reasons, the employee may receive severance payment:

1. The labor contract expires and the employee proposes not to renew it because the employer has lowered the original working conditions, or the employer proposes not to renew it.

2. The employer has been declared bankrupt in accordance with law.

3. The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule.

Legal analysis: 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 and pay two months' wages for one year of service.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China 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) 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;

6) Terminating a 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.