How to compensate the employer if the labor contract is not renewed after it expires

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.

4. Monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

According to Article 82 of the Labor Contract Law:

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.

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.

If the labor contract is not renewed after the expiration of the term, but the employee and the employer still have a de facto employment relationship, the employer shall pay the employee twice the monthly wage. If the employer does not pay the employee's corresponding wages, the employee may present relevant supporting materials such as work permit, attendance records, colleague certificates, etc., to report and appeal to the local labor department.

Legal analysis: If the company does not renew the contract, it needs to compensate the employee: (1) If the employer is unwilling to renew the labor contract after the expiration of the contract, it shall pay the employee economic compensation.

2) If the company does not renew the indefinite term labor contract after the expiration of the contract, it is an illegal termination of the labor contract and compensation needs to be paid to the employee.

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

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (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) Where 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 of the state bureau in accordance with the provisions of items 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Summary. Good evening, dear <>

The compensation method for the non-renewal of the labor contract is as follows: paying the employee severance and paying one month's salary for one year of work. Legal basis:

According to Article 14 of the Civil Code of the People's Republic of China, if the employer requests to renew an indefinite-term labor contract, it is illegal for the employer to refuse to renew it, and the employer shall pay the employee compensation and pay one month's salary for one year of service. <>

How to compensate the unit for not renewing the labor contract when it expires.

Good evening, dear <>

The compensation method for the non-renewal of the labor contract is as follows: pay the employee severance and pay one month's salary for one year of work. Legal basis:

According to Article 14 of the Civil Code of the People's Republic of China, if the employer requests to renew an indefinite-term labor contract, it is illegal for the employer to refuse to renew it, and it shall pay compensation to the labor filer, and pay one month's salary for one year of service. <>

An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins an employer, such as an enterprise, an individual economic organization, a public institution, a national government, a social organization, etc., and becomes a member of the unit, undertakes a certain type of work, position or position, and abides by the internal labor rules and other rules and regulations of the unit; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits. <>