If the labor contract expires without notice of renewal or suspension, the factory will compensate

After the expiration of the written labor contract signed between the employee and the employer, whether the employee can receive severance pay depends on whether the employee does not renew the contract, the employer does not renew the contract, and both parties do not renew the contract.

1. 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 the employee requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the labor contract illegally, the employer shall pay the employee compensation and pay 2 months' wages for 1 year of service;

2. If the employee does not renew the contract, there will be no severance unless the conditions agreed in the new labor contract provided by the employer are reduced.

Article 14 of the Labor Contract Law refers to an indefinite-term 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 are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of 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.

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.

Hello,

If the contract is not renewed after the expiration of the contract, the employee can get economic compensation, but there is one exception: the employer renews the contract with you under the condition of maintaining or improving the treatment, and you still do not agree to renew the contract.

The calculation of this new compensation will start on January 1, 2008, and the severance compensation will be calculated according to the number of years of service, and one month's salary will be paid for each year of service, and if it is more than six months but less than one year, it will be calculated as one year; Less than 6 months shall be calculated as half a month's salary.

There is no need for compensation. 1.The law does not stipulate that the employer or the employee must notify the other party in advance of the natural termination of the contract upon the expiration of the employment contract, because the fixed contract term is originally agreed in the employment contract, and both parties are aware of it.

However, if there is an agreement in the employment contract with advance notice, it shall be executed in accordance with the agreement. If there is no agreement, advance notice may not be enforced. (See Article 44 of the Labor Contract Law) 2

If the contract expires and the employer wants to renew the contract by maintaining or increasing your remuneration, but you are unwilling, then the employer does not need to pay severance payments. If the employer reduces the labor remuneration and wants to renew the contract, and you are unwilling, you will have to pay severance payment. If the employer is unwilling to renew, severance will also be paid.

Legal analysis: The compensation for the expiration of the labor contract in the factory without notice of renewal by the company is: the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit, and 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 economic compensation of half a month's salary shall be paid to the person who moves in the town of Laozhen.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China Article 46 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) Terminating a 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.

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When the contract expires, the factory will not renew it, and it can claim compensation after the date of renewal of the labor contract.

If the contract expires, the factory will not renew it, and can I claim compensation after the date of renewal of the labor contract?

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When the contract expires, the factory decides not to renew the stool for this person, and after the date of renewal of the labor contract, he can claim compensation.

Legal Analysis: If the labor contract expires, if the employer maintains or improves the agreed conditions of the labor contract to renew the labor contract, and the employee does not agree to renew the labor contract, the employer may not pay severance for the year; However, if the employment contract is not renewed upon expiration, the employer shall pay severance payments.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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 Qihe Law, and the labor contract is terminated 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) 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;

If you continue to work in your original employer without renewing your contract at the expiration of your contract, whether you can claim compensation and how to compensate should consider whether the original contract is renewed, the working hours that have not been renewed, whether the conditions for signing an indefinite contract are met, and local labor regulations.

First, the applicable law clauses are subject to specific local regulations.

The Labor Contract Law clearly stipulates that if a contract is not signed in writing or an indefinite term contract should be signed but is not signed, the employee may claim two months' wages from the employer for every one month of work.

However, how to make a claim involves a variety of factors, which will vary from place to place, so you need to specifically inquire or consult local regulations, such as taking Zhejiang as an example.

Secondly, it is necessary to carefully check whether the original contract has a renewal clause.

If the contract is not renewed upon expiration, it can be automatically renewed if the conditions are met, that is, the original contract is still valid, and you cannot claim compensation.

First, it satisfies the statutory provisions.

The second is the contract between the two parties, taking Beijing as an example.

In addition, the length of continued work under the uncertified contract was key to the claim.

Within 1 year without signing the contract, you can claim twice the salary for up to 11 months; For more than 1 year, it is deemed that the two parties have signed an indefinite contract, and it is impossible to make economic claims.

However, the claim is subject to a statute of limitations for arbitration, which lasts for one year, but the starting point of the claim varies from place to place, taking Zhejiang as an example.

And Shanghai. It can be seen that the calculation of the aging period is obviously different from place to place.

Others, whether the signing of an indefinite-term labor contract is met.

The Labor Contract Law stipulates that an employee who meets the conditions may request to sign an indefinite term contract, and if he or she does not sign it, he or she may also request twice the salary, but it is generally impossible to request it at the same time as not signing a written contract.

In the end, your intention is to appraise the contract or get compensation.

There are many reasons why the written contract has not been renewed and the original unit continues to work, such as negligence in personnel work, failure to negotiate between the two parties, etc.

Generally, both parties can propose to terminate the contract within 1 month (local regulations may vary), but more than 1 month the enterprise is involved in violating the law.

If you want to use the contract to better protect your rights and interests, it is best to negotiate with the employer to sign it as soon as possible. Generally, if it is negligent, it will be solved quickly.

However, if you don't want to do it anymore and mainly want to get a claim, you should pay attention to two points, one is to collect as much evidence as possible, and the other is to pay attention to the time limit and seize the best time to resolve.

If you want to keep your job and want to get a claim, it is more difficult, because once the two parties get a stalemate, it is unlikely to turn back to the legal route!

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.