The company does not renew the contract with the employee, but does not propose what to do with the

The labor contract shall be renewed under any of the following circumstances: 1. Both parties agree to renew the labor contract through consultation; 2. Upon the expiration of the labor contract, if there are any of the circumstances under which the employer shall not terminate the contract, the labor contract shall be renewed until the corresponding circumstances disappear: (1) the worker engaged in work exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed medical treatment period; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.

If the company does not renew the contract, there is only one circumstance in which no severance is required: if the company maintains or improves the terms and conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the contract and terminates the labor contract, there will be no severance payment. In other cases, if the company does not renew the labor contract, the employee can demand the payment of severance payment, the payment method of severance payment:

the rate of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the employer fails to renew the employment contract with the employee after the expiration of the employment contract, a grace period of one month will usually be granted, and if the employment contract is not renewed within one month, the employer shall pay double the monthly salary from the second month to the twelfth month. If the contract is not renewed for more than one year, it will be deemed to have signed an indefinite term labor contract.

Legal basis: Labor Contract Law

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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.

Compensation is also required to be paid to the employee. The severance that the employer needs to pay to the employee is as follows: the compensation is paid to the employee at the standard of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.

The term "monthly wage" refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

1. What are the employees who are not allowed to be dismissed at will?

The employer shall not terminate the labor contract with the employee under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

2. What are the issues that should be paid attention to when employees are dismissed? Empty Kai.

If an employee falls under any of the circumstances prescribed by law, he or she may request compensation from the employer.

Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to engage in the work of the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

After the expiration of the labor contract, if the employer continues to employ the employee, but fails to renew the labor contract with the employee in a timely manner, it is not illegal to be stupid, and the employer will bear adverse legal consequences. After the expiration of the labor contract, if the employer and the employee do not renew the labor contract, and the employee continues to work, in accordance with the requirements of the Labor Contract Law of the People's Republic of China, 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.

Labor Contract Law of the People's Republic of China Article 47 Economic 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 term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Is it illegal for a company to neither renew a contract with an employee nor dismiss an employee without reason and without compensation? The company's behavior violated the provisions of the Labor Contract Law, and the failure to sign the labor contract and the illegal termination of the labor relationship are two kinds of illegal acts, and the employee should be liable for compensation. Based on my 10 years of experience in handling labor injury cases, the following is a brief analysis of the compensation liability that should be borne by the two types of violations.

1. Liability for compensation for the employer's failure to sign a labor contract in violation of the provisions of the law.

According to Article 10 of the Labor Contract Law, Han Meng shall conclude a written labor contract to establish an employment relationship, and the labor contract shall be signed within one year from the date of employment at the latest. Article 82 Legal liability for failure to conclude a written labor contract: If the employer signs a written labor contract with the employee at the end of more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage, according to the above provisions: the employer shall sign a written labor contract with the employee within one month from the date of employment, otherwise it is illegal, and if the enterprise does not sign a labor contract with the employee, it shall compensate the employee for double the salary of the last labor contract.

2. Legal liability of the employer for illegally terminating the labor relationship

According to Article 48 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, the employee may request to continue to perform, and if the employee does not request continued performance or is unable to continue to perform, the employer shall pay compensation to the employee in accordance with Article 87 of this Law. Article 87 stipulates that 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 stipulated in this Law.

In accordance with the above; If the employer terminates the labor relationship with the employee in violation of the Labor Contract Law, the employee may choose to request that the employee continue to perform the labor contract and continue to work, and the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed and the labor contract can no longer be performed. The rate of compensation is two months' salary for each year of service. <>

Summary suggestion: It is illegal for the unit not to sign a labor contract with the employee, and the employee should be paid twice the salary. If the employer illegally terminates the labor relationship, the employee may request to continue working or demand compensation for the illegal termination.

The employee applies to the local labor and personnel arbitration commission for labor arbitration. In this case, the employee should pay attention to retaining the evidence of the employment relationship with the employer, which can be the basis for compensation.

Illegal. According to the law, the company either renews the contract with the employee, and if the employee is dismissed without reason, it needs to pay double compensation. Unless it can produce evidence of the employee's violation of the labor law, the company will ignore it, and the employee can apply for labor arbitration.

Such an act is an illegal act, which will be subject to the constraints of the law and will be punished by the law, and such an act violates the labor law and is a serious illegal act, and can be subject to labor litigation and labor arbitration.

It is illegal for the company to do so, and the employee can apply for labor arbitration. If the negotiation fails, they can sue for compensation.

If the contract is not renewed upon expiration, the employer is required to pay severance if the contract expires. The main reason is that according to Article 46 of the Labor Contract Law of our country, unless the employee does not renew the contract, because the dismissal of the employer is a statutory circumstance to pay severance payment.

1. What are the rules for dismissal if the contract is not renewed upon expiration?

If the contract is not renewed upon expiration, the employer is required to pay severance if the contract expires.

1) According to Article 46, Paragraph 5 and Article 47 of the Labor Contract 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, Article 44 of this Law shall apply.

Paragraph 1 stipulates that if a fixed-term labor contract is terminated, the employer shall pay economic compensation to the employee. The amount of compensation is one month's salary for each full year of service.

2) According to Article 82 of the Labor Contract Law, if you continue to work without notifying you whether to renew your contract, then you can continue to work and can request double the salary for the unrenewed contract.

3) Communicate with the employer in a timely manner about contract renewal to avoid unnecessary disputes and lawsuits. If the contract is not renewed when it expires, and there is no notice to leave, there is no need to leave, and the work continues, and a de facto labor relationship has been formed at this time, and it is illegal for the employer not to sign the labor contract, and double wages should be paid, and it is deemed that the employee has signed an indefinite labor contract after one year.

2. What should be done if the contract is not renewed upon expiration?

1. On the issue of compensation for non-renewal. Except in the case where the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, compensation shall be paid if the labor contract expires and the fixed-term labor contract is terminated.

2. The labor contract is about to expire, and you can wait quietly for the unit to sign the labor contract. If the employer wants to sign a labor contract with the employer, it depends on whether the employer maintains or improves the terms and conditions of the labor contract. If you can sign it, sign the labor contract.

3. If the contract expires and is not renewed, and there is no notice to leave, there is no need to leave, continue to work, at this time a de facto labor relationship has been formed, and it is illegal for the unit not to sign a labor contract, and double wages should be paid, and it is deemed that the employee has signed an indefinite labor contract after one year.

Of course, after the expiration of the labor contract, you can choose to renew or not renew, and if you want to continue to sign the labor contract after the expiration of the labor contract, it is best for both parties to reach an agreement, of course, if someone does not sign it, you need to pay economic compensation.