How does the company avoid the need to pay compensation if the labor contract is not renewed when it

The law only stipulates that the loss of personnel and property caused by safety accidents is classified, which is divided into general accidents, major accidents, major accidents, and especially major accidents. Those are explained at the national level, such as major accidents: refers to accidents that cause the death of more than 10 people and less than 30 people, or the serious injury of more than 50 people and less than 100 people, or the direct economic loss of between 50 million yuan and 100 million yuan.

Even if it is an ordinary accident, it must at least be an accident that causes less than 3 deaths, or less than 10 serious injuries, or direct economic losses of less than 10 million yuan.

You don't have to think about it from this aspect.

The Labor Contract Law stipulates that if the contract is not renewed upon expiration and the enterprise does not propose to change or increase the conditions for renewal, the enterprise is not required to pay severance payment. The basis is as follows:

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5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;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

First, the national level of the provisions of the classification of safety accidents, is the state in order to standardize the reporting and investigation of production safety accidents, the implementation of the production safety accident accountability system, prevention and reduction of production safety accidents formulated, is from the perspective of the country, the enterprise and the country, is very small, internal safety management accident classification, accident investigation and handling can not be the same, need to be determined according to the actual situation of the enterprise.

I think you actually want to ask here how much damage is the major damage mentioned in Article 38 (3) of the Labor Contract Law, and the nature of each unit is different, and the standards are also different, and it is likely that this unit will be regarded as a major loss, while in another unit it will be a major loss, and each unit can be clarified through rules and regulations in accordance with its own nature, degree of damage and other factors, in accordance with the legal procedures.

2. According to Article 46 (5) of the Labor Contract Law, if the employer does not renew the labor contract upon expiration, it shall pay economic compensation. Severance will not be paid only if the employer maintains or improves the working conditions (improved benefits) and the employee refuses to sign the contract.

Legal Analysis: Yes, except in special circumstances provided for by law, severance payments are required.

Legal basis: Article 46, Paragraph 5 of the Labor Contract Law of the People's Republic of China Upon the expiration of the labor contract, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the agreed conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the contract.

Legal analysis: 1. If the unit does not renew, it needs to be compensated.

Second, if the employee does not renew, it depends on the specific situation.

It is further 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 unit reduces the original working conditions and the employee does not renew the closed state visa, the unit will also make economic compensation.

Legal basis: Article 45 of the Labor Contract Law of the People's Republic of China Article 45 If a labor contract expires under any of the circumstances specified in Article 42 of this Law, the labor contract shall be renewed and terminated when the corresponding circumstances disappear. However, the termination of the labor contract of a person who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be executed in accordance with the provisions of the State on work-related injury insurance.

1. After the expiration of the labor contract, will the employer pay compensation if it does not renew the contract?

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 an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the employment contract illegally, it shall pay the employee compensation and pay two months' wages for one year of service.

Article 46 of the Labor Contract Law [Economic Compensation] In 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 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.

2. How long is the term of the labor contract?

According to Article 19 of the Labor Contract Law, if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for fixed-term and indefinite-term labor contracts with a fixed term of more than one year.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

If it's not a temporary job, it's usually a period of more than three months. Generally speaking, it will be about 1-3 years.

The above is the answer to the question "After the expiration of the labor contract, the employer should pay compensation if it does not renew the contract", we can understand that if the employer proposes not to renew the contract, it should pay the employee severance payment, I hope it will be helpful to you. If you still want to know other legal knowledge, we also provide professional lawyer ** consulting services Feng Hengmu, you are welcome to consult again for legal advice.

The contract expired, and the company did not renew the compensation method as follows

1. Calculate a monthly salary for each year of work;

2. For the part less than one year and more than six months, it will be counted as one year;

3. If it is less than six months, it will be calculated as half a month, and if the contract expires and the company does not renew it, the company shall pay a compensation of one month's salary for each year of work. If the contract expires and the employee does not renew it through no fault of the company, or if the employee considers that the renewed working conditions are lower and reasonably refuses, he or she can receive compensation.

Procedures required for resignation if the contract is not renewed upon expiration:

1. Before resigning, a written resignation application should be submitted to explain the reasons for resignation;

2. After confirming the resignation, submit the resignation application to the leader for signature and approval, and after the signing is completed, submit the resignation application to the human resources department for filing;

3. Usually the resignation should be applied for one month before, and the leader will arrange the personnel to do a good job handover;

4. Check debts, return materials, office supplies, vehicles and other items and make records;

5. If the employee who signs the contract resigns, the company will issue a labor contract to terminate the contract. <>

1. How to compensate the enterprise for not renewing the labor contract when the contract expires.

1. If the enterprise does not renew the labor contract when the contract expires and still works in the unit, it shall pay double the wage. If the employer lowers the terms and conditions of the employment contract and renews the employment contract with the employee, the employee may claim economic compensation after resignation.

2. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

Severance compensation shall be paid to the worker according to the number of years of service in the employer, and the monthly wage shall be paid to the worker 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.

2. If the employee does not renew the visa, does he need to be compensated?

If the employee does not renew the labor contract, whether the company will compensate for the change of trouble shall be treated in two situations:

1. If the employer reduces the original working conditions and the employee does not renew the contract, the employer shall also compensate the employee;

2. If the employer has maintained or improved the original working conditions, but the employee still does not renew the contract, the employer will not provide economic compensation to the employee.

If the employee's monthly salary is too high, i.e. three times higher than the average monthly wage of the employee in the region in the previous year, the severance payment shall only be paid at three times the average monthly salary of the employee, and the maximum number of years calculated shall not exceed 12 years.

Yes, except in exceptional circumstances provided for by law, severance payments are required.

1. How to compensate for the company's failure to sign a labor contract.

If the company does not sign the contract, it needs to compensate the employee's salary twice. Generally, 11 months' wages are calculated, followed by the loss caused by the unit's failure to pay insurance, and one month's salary can be used as economic compensation for the termination of the contract. If there is no labor contract, it may be found to be an indefinite term contract.

The unit may pay the severance for the termination of the contract and terminate the contract.

2. For the employer, in addition to giving 30 days' notice to terminate the labor contract, it is also necessary to pay attention to the following procedures:

1. Timely settlement of wages and economic compensation;

2. Transfer of employee files and social insurance relations;

3. Liquidate the creditor's rights and debts;

4. Handover of work and business;

5. Issue a certificate of termination or dissolution of the labor contract as a certificate for the employee to enjoy unemployment insurance benefits, unemployment registration and job search registration according to regulations. The certificate should state the term of the employment contract, the date of termination or rescission, and the work performed. If requested by the employee, the employer may objectively state the reasons for terminating the employment contract in the certificate.

3. The labor contract does not specify the salary and benefits as follows:

2. If the employer does not agree, the employee may file a complaint with the labor inspection brigade, which will order it to make corrections.

3. Those who cause losses to workers shall be liable for compensation.

In short, according to the law, if the two parties have not signed a written employment contract, the employer is required to pay severance to the employee in accordance with the law when terminating or dissolving the employment relationship. If the severance payment is not made in accordance with the law, additional severance payments are also required. After the labor contract is signed, the employer and the employee do not need to pay any economic compensation if the labor contract expires.

Upon the expiration of the labor contract under paragraph 5 of Article 46 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee unless the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract.

After the expiration of the labor contract, if the employee does not violate the regulations of the enterprise, has not done some illegal things, then the enterprise should renew with the employee, if the enterprise does not renew with the employee, it is equivalent to directly dismissing the employee, and it is necessary to give the employee corresponding economic compensation, so it is not that after the expiration of the labor contract, the enterprise does not want to sign the slippery pure, which is obviously non-compliant, first of all, the enterprise must protect the rights and interests of these workers, and cannot dismiss the employee for some simple reasons.

In fact, after the expiration of the labor contract, if the company is unwilling to renew or provide labor treatment with the employee, which is lower than the original contract, as a worker can refuse, after all, the company's practice has violated the labor contract, and the enterprise must also pay the employee the corresponding economic compensation, the general compensation is calculated according to N+1, n represents the working years of a worker, so the enterprise does not have the right to casually fire the employee, but if the labor contract expires, you take the initiative to resign. Then the company will not make any financial compensation.

Many enterprises have declined in interests, in order to save costs on the direct dismissal of employees, I think this is an irresponsible approach, an excellent enterprise must be responsible, if the worker finds himself forced to be fired by the enterprise, do not choose to blindly tolerate, you can complain to the labor bureau, and apply to the labor arbitration commission for arbitration, requiring the enterprise to make economic compensation, and can not be so done.

Nowadays, the labor law is becoming more and more perfect, and the rights and interests of workers are also well protected, so workers no longer have to worry that they are a vulnerable group, and enterprises must follow the relevant regulations to dismiss employees, rather than firing them if they want to be dismissed.