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Hello: Because you have not paid social security, although you have signed a contract, it is likely that the original company did not register you as an employee, and the labor department did not register. The file may still be in the Talent Center.
Therefore, at the Labor Bureau and the Social Security Center, your records may still be recorded before July 1, 2008. Therefore, the original company will not issue you a return order, and you do not need to apply for social security transfer. However, according to the regulations, the original unit must give you entry, social security, and resignation, and the original unit's practice is illegal.
If you go to a new unit to go through the entry, you still need to have materials such as a work return order to go through the entry and social security procedures. Therefore, either you use the cancellation order of the organization before July 1, 2008, or you use the cancellation order of the original organization this year.
From the perspective of protecting your rights and interests, you should let the original unit pay social security for you, and then give you a refund bill, which has an impact on your working years, social security, etc., and is your right.
Addendum: Logically speaking, let the original unit open a refund order.
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If the original company did not pay you social security, you can claim compensation, have you resigned before leaving the company? If you mention it, the company should give you a return ticket to prove your departure, and some regular large enterprises will ask for it. The contract will not be automatically terminated, and it will be automatically extended if you continue to work.
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If the original employer did not give you social security, your seniority for that year will not exist, and you can recover the insurance cost for that year. When the contract expires, if the company first proposes not to renew it, then the company should give you one month's salary.
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If the employee continues to work after the expiration of the employment contract but does not sign the contract, the employee may request to be paid double the monthly salary from the following month. If a written labor contract is not concluded with the employee within one year from the date of employment, it shall be deemed to have signed an indefinite labor contract.
Legal basis] Article 82 of the Labor Contract Law provides 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.
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See what you think? If you want to continue to do it, you don't have to worry about it, and if you don't renew it, you are protected by law, which is called a fait accompli. If you don't want to do it, you can choose to leave.
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After the contract expired, the company did not offer to renew it, nor did it dismiss me, how should I do? You should find the company's HR department and ask to renew the contract, if they refuse to renew the contract, you should leave immediately, and you can't go on without a contract.
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In this case, you can offer to renew the contract. In addition, it doesn't matter if the contract is not renewed, it is equivalent to automatic renewal, and the impact on the individual is not great.
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After the contract expired, the company did not offer to renew it, nor did it dismiss him. What to do?
If you still want to do it here, then don't squeak and keep doing it. As long as you work for him and don't sign a contract, he is not legal, and he has a handle in your hands. If you don't sign a contract, you'll be paid double as much.
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After the expiration of the contract, the company did not propose to renew or dismiss, in this case, you should still check with the personnel specialist of the unit to see if you will continue to be hired, if not, continue to work like this, then it is also insecure for you.
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If the nuclear energy expires, then you should renew the contract with the company, and if he doesn't renew the contract for you and asks you to provide it here, then it must be wrong, and you should ask them to renew the contract.
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I haven't explained you, which means that I have a good impression of you and still recognize your work. However, you should still ask for a renewal of the contract to be more secure.
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You can take the initiative to go to the relevant responsible leader of the employer and propose to renew the labor contract. In short, you must not resign voluntarily. According to the provisions of the Labor Law, there is no labor economic compensation for voluntary resignation.
If the employer does not give you a written notice of dismissal, you can continue to work and collect and keep evidence of your work as evidence to assert your rights and interests in the event of a labor dispute.
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What should I do if the company does not refuse the visa and does not dismiss me after the contract expires? There is no request or dismissal, you can just continue to do it.
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You can ask for a renewal or not, continue to work, work without a contract, and ask for no more than one year of double salary, which is supported by the law. It is recommended that you renew the contract in time to protect your rights and interests.
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When the contract expires and the company does not renew or terminate the contract, in this case, you can take the initiative to negotiate with the company to renew the contract.
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If the contract expires and is not renewed, you can take the initiative to apply to your supervisor and ask for a renewal.
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After the contract expires, the company does not propose to renew it, nor does it dismiss you, you have to remind the company to continue to sign the labor contract with you.
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In this case, you can ask whether to renew the contract, because it is in your own interest.
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Then you go directly to the company's leaders to renew, if the leaders can't renew with you, then you resign and look for a company or unit that suits you and signs a labor contract with you.
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Legal Analysis: No. In practice, if the employee has not terminated the labor contract with the original company and signs a labor contract with the new company, he or she will have to bear the following consequences:
1. If two labor contracts are signed at the same time, either company has the right to terminate the labor contract. For example, if an employee conceals another employment contract and signs a new contract with a new company, the company has the right to terminate the employment contract after knowing the true situation. In addition, a company that has not terminated the employment contract in advance may also claim to terminate the employment relationship on this basis.
2. After signing a new labor contract, compensation is required for losses caused to the original company. Because the employee signed two contracts successively, it would bring economic losses to the original company's work arrangement, etc., and the original company could recover it according to the relevant evidence, and require the new company to bear the corresponding liability for compensation when the company cleared Yu Sui. In addition, if an employee resigns from an emergency job and causes losses to the company, he or she shall be compensated and the amount of compensation.
In the form of a month's salary.
Legal basis: Article 91 of the Labor Contract Law of the People's Republic of China An employer shall be liable for compensation if it recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer.
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1. It does not count, because China's law does not provide for automatic termination of the contract; If the contract expires and continues to be performed, it will not be automatically terminated; If the contract expires and is not renewed or the performance is not continued, the contract is terminated and not the employment contract is terminated. 2. If the labor contract is not renewed after expiration, the employer shall pay economic compensation to the employee, and the economic compensation shall be paid to the employee according to the number of years of service in the unit, and the salary of one month of work shall be paid as economic compensation.
Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (Qi Pai3) The laborer is dead, or has been 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, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.
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Labor contracts generally have a fixed term, and if there is no fixed performance period, it is an unintentional term of labor contract. However, if the employer may not renew the fixed-term employment contract after it expires, will the failure to renew the employment contract upon expiration be regarded as termination? Sort out the relevant knowledge, I hope it will be helpful to everyone.
1. Is the termination of the labor contract if it is not renewed upon expiration?
If the labor contract is not renewed after expiration, it cannot be regarded as the termination of the labor contract, but the employer shall give the employee corresponding economic compensation.
2. Relevant legal provisions
Labor Contract Law of the People's Republic of China
Article 44 [Termination of Labor Contract] 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 basic pension insurance benefits in accordance with the law;
3) The laborer dies, or the person who excavates the wilderness 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, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule;
(6) Other circumstances provided for by laws and administrative regulations.
Article 46 [Economic Compensation] In 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's termination of 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) Except in the case where the employer maintains or raises 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) 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.
According to the provisions of the Labor Contract Law, if the employer does not renew the labor contract after the expiration of the labor contract, it cannot be regarded as the termination of the labor contract, but the termination of the labor contract. If the employer does not renew the labor contract, it shall give the employee corresponding economic compensation. If you need legal help, you can consult a professional lawyer.
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Legal Analysis: Bend.
1. Will the unit automatically terminate the contract if I don't go after signing the contract?
The Labor Contract Law stipulates that the employee shall notify the employer in writing 30 days in advance, and the employer may terminate the labor contract if the employee notifies the employer three days in advance during the probationary period.
2. Relevant provisions.
Article 39 of the Labor Contract Law of the People's Republic of China.
Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China.
Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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. >>>More
It's hard to say it's not legal.
In 2008, the employer signed a five-year labor contract with you, and as of January 1, 2010, you were still working in the employer It is an indisputable fact that you have had an employment relationship with the employer during these two years, and this will not be erased by the re-signing of the labor contract. At present, in addition to signing the contract, the labor and social security department also goes through the procedures for paying social insurance, and the unit should pay the annual insurance premiums for you, and the social security department will have written procedures for you to pay the insurance premiums. If you do not agree to accept the terms of the new contract, you can submit comments to the unit, because you say that the unit re-signed the contract in order to pay the insurance premium, then you can request the unit to extend the contract period of the new contract to the original five-year deadline. >>>More
If the employer does not renew the labor contract with the employee, the employer shall pay the employee severance according to the wage standard of one month for each year of employment. If the employee meets the conditions of signing an indefinite-term labor contract, and the employer refuses to renew the contract, it is illegal to terminate the contract, and the employee shall be paid compensation at the rate of 2 months' salary for every 1 year of service. >>>More
Initiating arbitration. 1.Overtime pay can be requested. Holidays should be 3 times. >>>More
What should I do if the company does not renew the employment contract after it expires?