What is the reason for the expiration of the labor contract for recuperation at home with a fracture

The labor contract cannot be dissolved or terminated during the period of work-related injury, and the labor contract shall be terminated or the labor contract shall be negotiated whether to continue (renew) after the legally impermissible circumstances are eliminated.

Attached: Labor Contract Law

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work 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 provided for by laws and administrative regulations.

Hello, I don't know how to sign a labor contract, and generally a labor contract is signed. If you are injured at work, you should be treated as a work-related injury, and the work-related injury should be recognized, and you should enjoy the treatment of work-related injury during the injury period. If the contract expires during this period, it shall be automatically extended until the expiration of the employment contract, and shall be extended until the termination of the work-related injury.

Due to the work-related injury at home recuperation, the contract should be renewed when it expires, and when the rest is completed, see that the compensation that should be given is all made up, and the employer can terminate the labor contract with the consent of both parties, and if the labor contract is unilaterally terminated, it is necessary to compensate the other party.

The labor law stipulates that work-related injuries are enjoyed due to work-related injuries, and the contract cannot be terminated during the work-related injury period, and you can consult the labor department for details.

1. In accordance with Article 67 of the Labor Contract Law, "the employer shall not set up a labor dispatch unit to dispatch workers to its own unit or its subordinate units", it is obviously illegal to directly sign a labor dispatch contract with the company for a period of 2 years in 09, and the illegal contract should be invalid, and you should also be an employee of the company. If the company changes the labor dispatch contract, it shall pay you the corresponding economic compensation.

2. If the company has terminated the labor contract with you when changing the dispatch, it belongs to the fifth paragraph of Article 46 of the Labor Contract Law, and the company shall pay the corresponding economic compensation according to the time you have worked in the company.

3. The employment relationship remains unchanged, no economic compensation is given, and the length of service is calculated continuously. After the payment of financial compensation, you have no relationship with the company, and the original work experience becomes the average length of service.

More specific. Ask above.

I don't know how to use a dispatch contract, but there should be a labor contract.

Upon the expiration of the labor contract, the employer shall terminate the contract if it does not renew the contract.

According to Article 44 (1) of the Labor Contract Law, the labor contract shall be terminated upon the expiration of the labor contract.

Generally speaking, upon the expiration of the employment contract, it is the autonomy of both parties whether to renew it. However, if the employee falls under one of the circumstances specified in Paragraph 2 of Article 14 of the Labor Contract Law, the employer shall renew the contract if the employee proposes to conclude an indefinite-term labor contract or conclude a fixed-term contract. If the employer refuses to renew the contract, the employer shall continue to perform the labor contract in accordance with Articles 48 and 87 of the Labor Contract Law. If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation at twice the amount of the severance payment.

If the employer does not renew the labor contract upon expiration of the labor contract in accordance with the law, the employer shall pay one month's salary and economic compensation every year according to the employee's working years since January 1, 2008 in accordance with Article 46 (2), Article 37 and Article 97 of the Labor Contract Law and Article 38 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 309).

Labor Contract Law

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Expiration is a termination of the contract. Termination refers to the termination of the employment relationship after the contract is signed and the employer unilaterally or through negotiation between the two parties agrees to terminate the contract.

If you don't sign the contract when the contract expires, it is equivalent to voluntary resignation, and there is no compensation, and the company will fire you innocently.

Fuck off.

If you have worked in the same unit for ten consecutive years, you have to sign a long-term labor contract, and you can't just open people.

I don't hire you anymore.

If the employee does not sign an employment contract for more than one month, if he continues to employ the employee, he or she can claim double the salary for not signing a written employment contract.

The employer may also be required to sign an indefinite employment contract.

The content of the resignation application is that the labor contract expires, and the employer will not renew it. The employer is required to pay compensation (one month's salary for each year of service).

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:

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.

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.

Hello! According to the provisions of the Labor Contract Law, if the employer does not renew the labor contract, the employee shall be paid one month's salary for each year of service (more than half a year and less than one year, and half a month's salary for less than half a year) as economic compensation. If an individual resigns or is unwilling to renew the labor contract, there is no compensation.

If there is a dispute, you can apply for labor arbitration, and the law is fair.

According to the provisions of the Labor Contract Law, severance shall be paid for the termination of the contract.