The expiration of the employment contract cannot be renewed in more than a few days at the latest

The employer renews the contract with the employee 30 days in advance, otherwise it will be deemed to have agreed. If the employee does not agree, it will be automatically terminated upon expiration.

Legal analysisThere are three forms of term of labor contract, if it is for a fixed term, the labor contract should be renewed after expiration, and if it is not renewed, it will be treated as not signing the labor contract or signing an indefinite term contract. After the expiration of the employment contract, it is not affected to renew the contract for more than a few days, but it is best to renew it as soon as possible to avoid unnecessary disputes. Renewal of labor contract refers to the legal act of continuing to perform the rights and obligations determined in the original contract without terminating the labor relationship between the enterprise and the employee after the expiration of the contract, with the full consent of both parties.

The renewal of a labor contract is the same as the conclusion of a labor contract, and the principles of equality, voluntariness and consensus shall be adhered to, and the provisions of laws, regulations and rules shall not be violated. Specifically, the following matters should be noted: 1. If the employer and the employee agree to renew the labor relationship upon the expiration of the labor contract, the labor contract shall be renewed in accordance with the law before the expiration of the labor contract.

2. If an employee suffers from an occupational disease or is injured at work 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. 3. 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. 4. After the expiration of the labor contract, if the enterprise does not want to renew the contract, but fails to go through the formalities of terminating the labor contract with the employee and forms a de facto labor relationship, it shall be deemed to have renewed the labor contract, and the enterprise shall renew the labor contract with the employee.

Legal basisLabor 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.

According to the relevant provisions, upon the expiration of the term of the labor contract, the employer shall notify the other party in writing 30 days in advance to terminate or renew the labor contract.

After the expiration of the labor contract, if the employee still works for the original employer, and the original employer does not raise any objection, it shall be deemed that both parties agree to continue to perform the labor contract under the original conditions.

If advance notice is not required, the employment period will be automatically terminated after the expiration of the employment period, and whether to renew the contract depends on the employer's wishes, and there is no mandatory provision in this regard.

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;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

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

6) Other circumstances provided for by laws and administrative regulations.

The employer will renew the contract with you 30 days in advance, otherwise it will be deemed to have agreed. If you do not agree, it will be automatically lifted upon expiration.

The law does not provide for it.

However, if the employer delays the renewal of the visa, you can get double the labor remuneration.

If it is your fault, the employer can terminate the employment relationship with you at any time.

Upon the expiration of the labor contract, if both parties agree to extend the labor contract through consultation, the formalities for renewing the judgment shall be completed within one month before the expiration of the contract.

1. How to compensate for dismissal without signing a labor contract.

If the two parties have not signed a written labor contract, the employer shall pay economic compensation to the employee in accordance with the law when terminating or dissolving the labor relationship. Where economic compensation is not given in accordance with law, additional economic compensation shall be given. After the labor contract is signed, the employer and the employee do not need to pay any economic compensation if the labor contract expires.

If the employer deliberately delays the conclusion of the labor contract (including failing to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries and medical losses, the employer shall pay 25% compensation of the additional expenses in addition to the legal liability.

2. Is compensation for not having a written contract counted as wages?

According to the provisions of Article 44, Paragraph 1 of the Labor Contract Law of the People's Republic of China, the labor contract shall be terminated upon the expiration of the labor contract. According to Paragraph 5 of Article 46 of the Law, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated in accordance with Article 44, Paragraph 1 of the 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.

Therefore, if the employee has worked for the employer for less than 10 consecutive years, the employer is unwilling to renew the employment contract after the expiration of the labor contract, the employment contract between the two parties may be terminated. However, the employer shall pay the employee one month's salary for each full year of service in the employer in accordance with Article 47 of the Labor Contract Law: "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 to the employee."

if it is more than 6 months but less than one year, it will be counted as one year; If it is less than 6 months, the employee shall be paid half a month's salary". When the labor contract expires, the labor contract will be automatically renewed. If both parties agree to renew the contract, the employer shall conclude a written labor contract with the employee within one month from the date of termination.

If a written labor contract is not concluded with the employee after one month but less than one year, the employee shall be paid double wages in the following month from the date of termination of the contract; If the employee does not conclude a written labor contract after one year, it shall be deemed that the two parties have concluded an indefinite labor contract, and the written labor contract shall be re-signed and the payment of double wages shall be stopped.

3. When terminating the labor contract, it is necessary to pay attention to how to change the same.

When terminating an employment contract, the following matters should be noted:

1. The employer or the employee forces the other party to renew the contract upon the expiration of the contract. The labor contract of the enterprise shall be terminated upon expiration without any strings attached.

2. After the expiration of the contract, both parties will not go through the procedures for renewing the contract, nor will they terminate the contract, and continue to maintain the de facto labor relationship.

3. Both parties are illegal or incomplete in handling the renewal procedures.

Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If the contract expires and is renewed, no advance notice is required. It is possible to renew the visa within one month after expiration.

Upon the expiration of the labor contract, the parties may renew the labor contract if they reach a consensus through consultation.

If the employee continues to work for the employer without going through the formalities for terminating or renewing the labor contract due to reasons attributable to the employer, and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions.

If the fixed-term labor contract expires, if the employer does not renew it, it shall pay economic compensation to the employee.

If the worker does not renew the visa, it is subdivided into two situations:

1. If the employer maintains or improves the original working conditions and the employee does not renew the contract, he or she is not required to pay economic compensation.

2. If the employer lowers the original working conditions and the employee does not renew the contract, the employer shall pay the employee economic compensation.

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. if it is more than six months but less than one year, it shall be counted as one year of trouble; 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 economic compensation shall be paid to him at the amount of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid 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.

Legal basisLabor Contract Law of the People's Republic of China

Article 10 stipulates that a written labor contract shall be concluded in order to establish a labor relationship. 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 11 If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed upon with the worker is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. Conclude an indefinite employment contract.

The labor contract expires and can be renewed at the latest for one month.

If the labor contract expires, the employer shall renew the labor contract with the employee within one month after the expiration of the labor contract at the latest, and if it exceeds one month, the employer shall pay the employee double wages.

Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law.

Based on the term of the contract, labor contracts can be divided into three categories, fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks. The term of the employment contract refers to the effective time of the employment contract, the time when the employment contract entered into by both parties begins and ends, and the time when the employment relationship is legally binding.

Legal basis

Labor Contract Law of the People's Republic of China

Article 2: [Scope of Application]This Law applies to enterprises, individual economic organizations, private non-enterprise units, and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve, or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law. Article 4 [Rules and Regulations] Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.