Is there any compensation for not renewing the labor contract when it expires?

Updated on society 2024-03-11
13 answers
  1. Anonymous users2024-02-06

    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;

    Second, if the employee doesn't renew, it depends on the situation.

    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; 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.

    Legal basis: Article 46 of the Labor Law of the People's Republic of China on economic compensation.

    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 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 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. Anonymous users2024-02-05

    1. If the unit does not renew, economic compensation is required.

    2. If the employee does not renew, it depends on the specific situation.

    First, 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.

    Second, if the employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

  3. Anonymous users2024-02-04

    Specific analysis is required:

    The employer does not renew the labor contract.

    If the employer refuses to renew the labor contract and terminates the labor contract, it shall compensate the employee.

    The employee does not renew the labor contract.

    1) If the employer maintains or improves the conditions of the labor contract and renews the labor contract, and the employee does not renew the contract, no compensation shall be made;

    2) If the employer lowers the terms of the labor contract and renews the labor contract, and the employee does not renew the contract, it shall compensate the employee.

    How severance payments are calculated.

    1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract;

    2. If it is more than six months but less than one year, it shall be calculated as one year;

    3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

    4. 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 rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years.

  4. Anonymous users2024-02-03

    If the employment contract expires and is not renewed, it should be the fault of the company first. Labor arbitration can be initiated, and if the negotiation fails, the labor arbitration award unit does not execute, and can file a lawsuit in the court to renew the labor contract and give relevant compensation.

  5. Anonymous users2024-02-02

    If the employer is unwilling to renew the labor contract upon the expiration of the labor contract, it shall give economic compensation. However, if the worker violates the rules and regulations of the employer and causes losses to the employer due to the reasons of the worker, the worker has reached the retirement age, or has other statutory circumstances, there shall be no economic compensation.

  6. Anonymous users2024-02-01

    If the employer does not renew the labor contract with the employee upon the expiration of the labor contract, both parties will receive one month's severance for each full year after the termination of the contract.

  7. Anonymous users2024-01-31

    According to the provisions of the Labor Contract Law, if the employer does not renew the labor contract when it expires, it shall pay compensation according to the number of years of service, and the employee does not renew the labor contract without compensation.

  8. Anonymous users2024-01-30

    If the labor contract expires and is not renewed, there should be a certain amount of compensation, and I think this should be able to better carry out some functions that require money, so I think this should be more understandable, so I think this should still be very good, and it can be more uh to make some compensation, but it should also look at whose responsibility it is, if it is not the responsibility of the business, this should not be compensated, This should look at where the responsible person is important, so that you can better determine whether he has compensation or some compensation, or there is no compensation, so I think this should still need to be paid attention to, this should be otherwise, there is no way to achieve a better degree of use, so I think this should still need to pay attention to where the responsible person is, and then understand some of their distinctions, so that you can better use some mildew, otherwise this should be no way.

  9. Anonymous users2024-01-29

    If the employer does not renew the contract, then it is necessary to pay severance payment, and if the employer does not renew the previous labor contract in order to change or reduce the position, salary, etc., there is no severance payment

  10. Anonymous users2024-01-28

    Legal analysis: 1. If the unit does not renew, it needs to pay economic compensation. If the employer does not renew the labor contract after it expires, it shall pay the employee severance payment.

    Second, if the employee does not renew, it depends on the specific situation. First, 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. Second, if the employer reduces the original working conditions and the employee does not renew the contract, the employer needs to pay the employee severance payment.

    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 employee terminates the labor contract in accordance with 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 dissolves the labor contract in accordance with the provisions of paragraph 1 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 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.

  11. Anonymous users2024-01-27

    Legal analysis: Compensation shall be paid if the labor contract is not renewed upon expiration, except where the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, and the employee does not agree to renew the labor contract. The economic compensation shall be paid to the worker according to the number of years of service of the worker in the employer, and one month's salary shall be paid for each full year.

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

    Under any of the following circumstances, the employer shall pay economic compensation to the employee:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of the Law of the People's Republic of China on Labor and Cooperation;

    2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law of the People's Republic of China 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 the Labor Contract Law of the People's Republic of China;

    4) The employer terminates the labor contract in accordance with the provisions of Article 41 of the Labor Contract Law of the People's Republic of China and the first paragraph of the Labor Contract Law of the People's Republic of China;

    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 Article 44 of the Labor Contract Law of the People's Republic of China and Item 1 of the Labor Contract Law of the People's Republic of China;

    6) Terminating a labor contract in accordance with Article 44 of the Labor Contract Law of the People's Republic of China, Item 4 of the Labor Contract Law of the People's Republic of China, and Item 5 of the Labor Contract Law of the People's Republic of China;

    7) Other circumstances provided for by laws or administrative regulations.

  12. Anonymous users2024-01-26

    Legal analysis: If the company does not renew the labor contract when it expires, it will be compensated, and the employee will be paid one month's salary for each full year according to the number of years of service in the employer. 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.

    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.

  13. Anonymous users2024-01-25

    Hello, as you describe the situation, after the expiration of the labor contract, if the contract cannot be renewed due to the reasons of the employer, the employer shall pay severance to the labor manager.

    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 renews the labor contract for delay, 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) Terminate the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law.

    Target; (7) Other circumstances provided for by laws and administrative regulations.

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