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Legal analysis: 1. If the unit does not renew, it needs to be compensated.
If the employer requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law, the employer shall pay the employee compensation and pay the employee two months' wages for one year of service.
Second, if the employee does not renew, it depends on the specific situation.
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 made.
2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also make economic compensation.
From the perspective of the legal provisions, unless the company requests to renew the contract with the employee on the original or better terms after the expiration of the labor contract, but the employee does not renew the contract, the company shall give the employee economic compensation under no other circumstances.
The amount of severance shall be paid to the worker according to the number of years of service in the employer, and the rate of one month's salary for each full year. 6. If the employee has been selling for more than one month but less than one year, and if it is calculated as one year for less than six months, the worker shall be paid half a month's salary as economic compensation.
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 an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date on which the employer and the employee are employed.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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If the enterprise does not renew the labor contract, the employee may request the company to pay economic compensation. If the employer fails to conclude a written labor contract with the 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.
1. What should I do if the company does not sign a labor contract?
If the company has not signed a labor contract for more than one month from the date of employment, the employee may file a labor arbitration request for the employer to pay double wages.
Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.
Article 82 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 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.
2. Can the labor relationship be terminated without signing a labor contract?
If the labor relationship is terminated without signing a labor contract, the employee may request compensation from the employer. According to 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.
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 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.
The company can not renew the contract when it expires.,It seems that there is no compensation.。。
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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. 2. 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. 3. 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 number of years for which economic compensation is paid shall not exceed 12 years. >>>More