What should I do if the contract expires and is not renewed, and the company does not admit to resig

What should I do if the company does not renew the employment contract after it expires?

If the contract is not renewed or resigned, and the employee is still working for the employer, and the original employer does not object, it shall be deemed that both parties agree to continue to perform the labor contract under the original conditions. The employer shall renew the employment contract with the employee within one month, otherwise it will bear legal liability.

It is worth noting 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, and the employee may claim double the wage difference for up to 11 months. 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; If the employer is required to conclude an indefinite-term labor contract with the employee but refuses to do so, it shall pay the employee twice the salary from the date on which the indefinite-term labor contract should be concluded.

[Legal basis].

Article 34 of the Interpretation (I) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes between Labor Pure and Medium Movement: If the employee still works for the original employer after the expiration of the labor contract, 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. Where the party in dispute proposes to terminate the labor relationship, the people's court shall support it.

According to Article 14 of the Labor Contract Law, if an employer should sign an indefinite-term labor contract with an employee but fails to do so, the people's court may deem that there is an indefinite-term labor contract between the two parties, and determine the rights and obligations of both parties based on the original labor contract.

Article 10 of the Labor Contract Law of the People's Republic of China: A written labor contract shall be concluded 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.

Article 82 of the Labor Contract Law of the People's Republic of China: 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 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.

A: 1If the contract is not renewed upon expiration, the employee may continue to be retained, which is deemed to be a renewal of the labor contract. If the employer and the employee do not raise any objection, continue to implement the wage and welfare standards and working conditions agreed in the original labor contract.

Legal basis: Article 14 of the Circular of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System Article 14 After the expiration of a fixed-term labor contract, if a de facto labor relationship is formed due to the failure to go through the termination or renewal procedures due to reasons on the part of the employer, the labor contract shall be deemed to be renewed. The employer shall negotiate the term of the contract with the employee in a timely manner and go through the procedures for renewing the property lease.

If the loss is caused to the employee, the employer shall be liable for compensation in accordance with the law.

Article 16 of the Interpretation of the Supreme People's Court and the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (1) 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. Where one party proposes to terminate the labor relationship, the people's court shall support it.

2.If the contract is not renewed, the employee can also terminate the employment relationship.

Legal basis: Article 44 of the Detailed Rules for the Implementation of the Labor Contract Law of the People's Republic of China shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract or the head of the ant 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 decides to dismiss the employer in advance;

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

Legal analysis: If the contract is not renewed when it expires, the company may issue a notice of termination of the contract 30 days in advance. When the contract expires, you can renew the contract, or you can terminate the contract with the unit on your own. It can be carried out in accordance with the provisions of the labor law.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China The worker may terminate the labor contract by notifying the first search unit in writing 30 days in advance.

If the contract is not renewed and the employee is not renewed after the expiration of the labor contract, and the employee continues to work, in accordance with the requirements of the Labor Contract Law, if the employee has not concluded a written labor contract with the employee for more than one month but less than one year, the employee may request to be paid twice the monthly salary from the second month.

Chan Hu called the Labor Contract Law of the People's Republic of China

Article 82 [Legal Liability for Failure to Conclude a Written Labor Contract] 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 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 salary for each month of employment from the date on which the indefinite-term labor contract should be concluded.

2. How to calculate the compensation for the company's unilateral non-renewal of the labor contract?

Labor Contract Law of the People's Republic of China

Article 47.

Calculation of severance compensation] Severance compensation 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 monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

Article 87.

Legal Liability for Breach of Dissolution or Termination of Labor Contract] If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Since the employer does not plan to dismiss the employee after the expiration of the employment contract, in order to avoid unnecessary legal risks, it is recommended that the company sign a new employment contract with the employee. The employee can also remind the company to renew the contract, and there is no written labor contract, which has legal risks for both the employer and the employee.

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If the contract expires and is not renewed, and you are not allowed to leave the companyYou can negotiate directly with the employerFor non-renewal upon expiration, this behavior has violated China's labor law, and if the negotiation is not good, you can directly apply to the labor department for arbitration and get your own compensation. If the contract expires and is not renewed, and you are not allowed to leave the companyYou can directly find the employer to cooperate with the fiber supplierFor the expiration of the non-renewal of the general behavior has violated China's labor law, for the negotiation is not good, you can directly go to the labor department to apply for arbitration, get their own compensation. If the contract expires and is not renewed, and you are not allowed to leave the companyYou can negotiate directly with the employerFor non-renewal upon expiration, this behavior has violated China's labor law, and if the negotiation is not good, you can directly apply to the labor department for arbitration and get your own compensation.

If the contract expires and is not renewed, and you are not allowed to leave the companyYou can negotiate directly with the employerFor the expiration of the regular ruler not to renew the general behavior has violated China's labor law, for the negotiation is not good, you can directly go to the labor department to apply for arbitration, get their own compensation.

1. What should I do if the contract is not renewed when the contract expires and the company does not resign? It is recommended that the employee can negotiate with the company to settle the problem, because after the expiration of the contract, if the labor relationship is not renewed, it is actually equivalent to the automatic termination of the labor relationship, and the company should handle the resignation procedures for itself normally. If the company refuses, it can apply for labor referral.

Specifically, as mentioned below: 1. Negotiate with the company to solve the automatic termination of the contract if it is not renewed after expiration, and the unit shall handle the resignation procedures for you, including the settlement of wages, the issuance of resignation certificates, and the transfer of household registration and files. The parties concerned may apply to the unit for resignation in advance, or they may negotiate with the unit, and if the unit violates the law, they can directly leave the company.

If the negotiation fails, an application for labor arbitration may be made, and the application for labor arbitration shall be made at the labor arbitration commission in the place where the unit is registered. It is also possible to appoint a lawyer to arbitrate on your behalf. 2. Application for labor arbitration According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer.

Among them, the probationary period is submitted in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures. You can also mail the notice of termination of labor relationship to the employer by courier or letter (that is, the commonly known "resignation letter" and "resignation report"), so as to facilitate the retention of evidence. If the employer does not pay you wages or go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue, file a complaint with the local labor inspection department, and ask the employer to handle the resignation procedures for you.

Article 50 of the Labor Contract Law stipulates that an employer shall issue a certificate of dissolution or termination of the labor contract upon dissolution or termination, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. Otherwise, they shall be liable in accordance with the provisions of article 89 of the Act.

Article 89 of the Labor Contract Law stipulates that if an employer violates this law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation. In the resignation procedures, the parties may apply to the unit for resignation in advance, or they can negotiate with the unit, and if the unit violates the law, they can directly resign.

If the employer deliberately makes it difficult to prevent you from leaving the job, you can go to the labor bureau to appeal. After that, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. After the expiration of the labor contract, if both parties decide not to renew the labor relationship, they also need to go through the procedures for terminating the labor relationship, and if the employer refuses to issue relevant materials for the termination of the labor contract, the employee can also protect his rights through legal means such as labor arbitration or litigation.

If the contract is not renewed upon expiration, the company may issue a notice of termination of the contract 30 days in advance if the company does not resign.

1. Can the lease be automatically renewed if the lease contract has not expired?

1. At this stage, there is no legal provision for automatic renewal of lease after the expiration of the lease contract in China, and the rental contract is actually a kind of lease contract, and it is also the most common kind of lease contract today.

2. In practice, after the expiration of the lease contract, the tenant (tenant) continues to use the house (leased property), and the landlord continues to collect rent without objection, so that many people think that the lease contract has been automatically renewed, but this is not true.

3. It is better to renew the contract, according to the provisions of the Civil Code, if the contract is not renewed, the lessee continues to use the house, and the lessor does not raise any objection, the original lease contract continues to be valid, but the lease term is indefinite.

4. The lessee of an indefinite lease may terminate the contract at any time, and the lessor may terminate the contract by notifying the lessee before a reasonable period of time.

2. How to calculate the compensation at the end of the contract.

You can resign without prior notice when the contract expires, and if the company has not violated the labor contract law in any other way, there is no severance for your resignation. If the company does not renew the contract, the employee does not agree to renew the labor contract unless the employer maintains or raises the conditions agreed in the labor contract and the employee does not agree to renew the contract. The employer shall pay economic compensation to the worker.

3. Do I need to come one month in advance when the contract expires?

No, you don't. Neither the Labor Law of the People's Republic of China nor the Labor Contract Law of the People's Republic of China stipulate that if a fixed-term labor contract expires and the unit does not renew it, it must be notified 30 days in advance.

According to Article 37 of the Labor Contract Law, an employee may terminate the labor contract by notifying the employer in writing 30 days in advance.