What should I do if the labor contract expires and the company does not renew it, but I originally i

If the labor contract expires and the employer decides not to renew it, the labor contract will be terminated; In this case, the employer is required to pay severance payments. Moreover, the employer will not allow the employee to continue working, otherwise the employer will be liable for not signing a written employment contract.

Legal basis: Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract 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5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

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) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this 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;

6) Termination of 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.

Since the labor contract has expired, both parties need to negotiate and agree to renew it, and since the employer no longer wants to renew the labor contract, then it can only leave the company.

According to Article 40 of the Beijing Provisions on Labor Contracts, before the expiration of the labor contract, the employer shall notify the employee in writing of its intention to terminate or renew the labor contract 30 days in advance, and go through the formalities for terminating or renewing the labor contract through negotiation.

If the employee is not notified 30 days in advance, the employee shall be compensated for each day of delay based on the average daily wage of the employee in the previous month.

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.

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The employer shall pay compensation according to the number of years of service, and compensate one month's salary for each year of service, and the average salary of the 12 months before resignation shall be used as the compensation standard.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this 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 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

It can not be renewed, it is allowed by national law.

Analysis of the number of legal divisions: If the employer is unwilling to renew the labor contract after the expiration of the contract, it shall pay the employee severance payment. The criteria are:

If the service is more than 6 months but less than 1 year, it will be calculated as 1 year, and if it is less than 6 months, it will be calculated as 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 an employer concludes a labor contract with a person with labor difficulties before employment, the labor 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.

Legal analysis: The labor contract can be renewed, and the labor contract can be signed with the employer after the expiration of the labor contract.

Legal basis: Notice 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 the 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 contract term with the laborer in a timely manner and go through the renewal procedures.

Legal Dust Analysis:

The employment contract can be renewed, and the employment contract shall be signed with the employer after the expiration of the employment contract.

Legal basis: Notice 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 the employer fails to go through the termination or renewal procedures for reasons attributable to the employer, and a de facto labor relationship is formed, 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 renewal and commencement.

1. The labor contract shall be terminated upon the expiration of the contract. If you are still working in the company, there is a de facto employment relationship, and it is recommended to renew the visa as soon as possible.

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

2. If the employee does not renew the visa, it will be subdivided into two situations depending on the specific situation:

1) 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.

2) If the employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

3. If the labor contract is not renewed for more than one month but less than one year, the employer may be required to pay twice the monthly salary to the employee.

2. When the labor contract expires and the labor contract is not renewed, the employer and the employee shall terminate the labor contract and terminate the labor relationship

Clause. 1. Inform the employee that the labor contract expires and the labor contract will not be renewed;

Clause. 2. Issue a certificate of termination of the labor contract to the employee, stating the date of the termination, the position of the employee, and the number of years of service in the employer;

Clause. 3. Handle the corresponding file and social security relationship transfer procedures for the worker within 15 days;

Clause. 4. Pay corresponding economic compensation to workers.

1. Can an employee be compensated if he does not renew his or her labor contract upon expiration?

1. According to the provisions of the Labor Contract Law, if the employer does not renew the labor contract upon expiration, it shall give the employee economic compensation according to the number of years of service in the employer. That is, one month's salary is paid to the worker for each full year of work. If it is more than 6 months but less than one year, it will be counted as one year; Half a month's salary is paid for less than half a year.

2. If the employee does not renew the contract, it depends on the specific situation: it is subdivided into two situations: 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 employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

2. Do I have to pay double wages if I don't renew my labor contract?

1. If the unit does not renew the visa, economic compensation needs to be paid. 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, 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 needs to pay the employee severance payment.

Article 82 of the Labor Contract Law 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.