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As long as it is the true intention of both parties, it is in accordance with the law.
An employment contract is an agreement that clarifies the labor relationship between the employee and the employer, establishes the labor relationship, and concludes the labor contract. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.
At the expiration of the labor contract, the employer and the employee renew the labor contract, and the salary is still in accordance with the previous contract standards, as long as there is no fraud, coercion or taking advantage of the danger of others, which is an expression of the true intention of both parties and complies with the law. If the employee refuses to sign the employment contract because the salary is the same as the previous contract, the employer is not required to pay severance payment.
Labor Contract Law
Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
Article 26 The following labor contracts are invalid or partially invalid:
1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;
2) The employer exempts itself from statutory liability and excludes the rights of employees;
3) Violating mandatory provisions of laws or administrative regulations.
If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.
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As long as both parties agree, of course it is possible.
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From a legal point of view, it should be possible, because this is a new labor contract, and the key depends on the outcome of the negotiation between your employer and the employee.
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In the renewal of the labor contract, if you feel that your salary needs to be increased, you can apply to the employer, and if the salary part is negotiated, you can clearly stipulate this in the renewed labor contract.
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When renewing the labor contract, the salary can be renegotiated, and the labor contract can be re-signed according to the salary agreed by both parties after negotiation between the two parties.
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When renewing the labor contract, of course, you can negotiate the salary and package together.
Because the first labor contract expired. At this time, you no longer have any employment relationship with the company.
When you sign the contract for the second time, it is a new employment contract, so you can negotiate with the company.
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Of course, it is possible to renegotiate the salary, because you have been with the company for a long time, and you can also re-state your requirements when you renew the contract.
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Yes, it is necessary to negotiate with the company's leaders, and it is necessary to comply with the corresponding regulations, choose the appropriate way to negotiate the salary, and there is no problem in renegotiating the salary.
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Legal Analysis: Yes. Because the contract is a legal act of both parties, and the renewal of the contract upon expiration is a new agreement, which can be renegotiated by the two parties, and after the re-signature, it is legally binding on both parties.
Basis of the Law: Article 35 of the Labor Contract Law of the People's Republic of China The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract text shall be executed by the employer and the employee.
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It is illegal to renew an employment contract without specifying the remuneration for labor.
According to the Labor Contract Law of the People's Republic of China, if the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate. If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
Legal basis. Article 17 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Content of Labor Contract] The labor contract shall have the following provisions: (1) the name, domicile and legal representative or main person in charge of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
Article 18 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Resolution of Unclear Labor Remuneration and Working Conditions in Labor Contracts] If the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
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If the company renews the labor contract, it may maintain or increase the salary and benefits agreed in the labor contract. If the wages and benefits are reduced, the worker may not renew the labor contract and demand the payment of economic compensation.
Legal basis] Article 46, Paragraph 5 of the Labor Materialism Contract Law, upon the expiration of the labor contract, 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.
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