What should I do if the company does not renew the labor contract on time, but wants to terminate it

There are three types of overdue termination of labor contracts: one is those that should be terminated within the time limit in accordance with the law; (2) the agreement may be terminated within the time limit; (3) Termination within the time limit is not allowed by law. Statutory termination may be overdue, including: 1

During the period when a labor contract worker is injured at work, the labor contract may be terminated within the time limit, and the term of the labor contract shall be extended until the end of medical treatment. 2.Where a female employee's contract expires during pregnancy, childbirth, or breastfeeding, the contract shall be terminated after the expiration of the "third period".

3.If an employee is sick or injured not due to work, and the statutory medical treatment period has not expired but the contract has expired, the labor contract shall be terminated after the expiration of the medical treatment period.

Where an agreement can be terminated within the time limit, it mainly refers to an agreement between the parties to the contract based on the actual situation. When the statutory time for terminating the contract has expired, under what conditions the contract can be terminated within the time limit, it should be noted that the content of the agreement must be legal.

There are several situations in which the statutory non-overdue termination is not overdue:1Upon the expiration of the contract or the occurrence of the termination conditions agreed in the contract, one of the parties requests to terminate the contract, while the other party insists on continuing the contract, resulting in the situation of late performance of the contract; 2.

The contract shall be terminated upon the expiration of the contract or the occurrence of the agreed conditions for the termination of the contract, and neither party mentions the circumstances under which the termination formalities have been completed to form a de facto employment relationship; 3.Special types of work may affect the health of employees, and the state limits the working years (such as radioactivity, high temperature, underground, etc., where there is a time limit for protection), and both parties agree to extend the contract upon the expiration of the contract.

If the labor contract is terminated within the time limit due to the statutory deadline but is not terminated within the time limit, or the contract should not be terminated within the time limit and is forcibly terminated within the time limit, the labor inspection department shall order it to make corrections within a time limit, and if it fails to make corrections, it shall be notified of criticism, and if the losses caused to the parties concerned are thus compensated in accordance with the law. Both parties may apply for arbitration in accordance with the law, and the arbitration commission shall handle the labor dispute in accordance with the law.

In the event of a dispute arising from the expiration of the labor contract or the occurrence of the conditions for the termination of the contract, the parties neither renew the contract nor terminate the contract, and the termination of the contract after the formation of a de facto labor relationship, the arbitration commission shall, in accordance with the provisions of the Reply on the Acceptance of Labor Disputes (Lao Ban Fa No. 1994 No. 96), first urge both parties to renew or terminate the labor contract, and at the same time distinguish the respective responsibilities of both parties, and then deal with them in accordance with the renewed contract or the provisions of the state, as well as the extent of the responsibilities of both parties.

It is possible to apply for labor arbitration.

If the labor contract is not renewed upon expiration and the employee resigns, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract.

Article 44 of the Labor Contract Law of the People's Republic of China 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; (3) The laborer dies, or is declared dead or missing by the people's court; (4) Disturbing or negotiating the fact that 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 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

Upon the expiration of the labor contract, the employer will not renew the contract

1.Employers are required to pay compensation (one month's salary for each year of service).

2.If the employer does not renew the labor contract with an indefinite term, it is an illegal termination of the labor contract, and compensation needs to be paid to the employee (2 months' salary for each year of service). Article 46 of the Labor Contract Law stipulates that under 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) 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 shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

(6) Terminating 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 laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 salary of the employee, and the maximum period 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. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; 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 in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

1. What should I do if the labor contract is not renewed in time when it expires?

If the labor contract is not renewed in time after the expiration of the labor contract, the employer is required to pay the employee double wages if it exceeds one month.

Labor Contract Law of the People's Republic of China

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.

2. Several common problems when the labor contract is not renewed in time.

If the employer continues to maintain the employment relationship with the employee during the expiration of the labor contract, the employer shall sign a new written labor contract.

If the employer does not sign a labor contract with the employee after the expiration of the labor contract, and the employee continues to work, and the employer does not raise any objection, the existence of a de facto labor relationship between the employer and the employee does not mean that the written labor contract previously signed by the two parties continues to be valid, nor does it mean that the employer and the employee have renewed a new labor contract within the time limit agreed in the original labor contract, but that the employer and the employee have established a de facto labor relationship under the conditions agreed in the original labor contract.

If neither the employer nor the employee realizes the renewal of the employment contract after the expiration of the employment contract, a de facto employment relationship has been formed between the two parties, and the employer shall pay double the wages in accordance with the provisions of the Labor Contract Law.

According to Article 44 of the Labor Contract Law, "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 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 the employer in advance;

(6) Other circumstances provided for by laws and administrative regulations. ”

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. If the employer is required to pay economic compensation to the employee in accordance with the provisions of the Labor Contract Law, it shall pay it when the work is handed over.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference. It can be seen that when the labor contract expires and the labor contract is not renewed, the employer and the employee must terminate the labor contract and terminate the labor relationship

First, inform the laborers that they will not renew their labor contracts when their labor contracts expire;

Second, issue a certificate of termination of the labor contract to the employee, indicating the date of termination, the position of the employee, and the number of years of service in the employer;

Third, within 15 days, the corresponding file and social security relationship transfer procedures will be handled for the worker;

Fourth, the corresponding economic compensation shall be paid to the workers.

Legal analysis: If the employer violates the law by failing to sign or renew the labor contract to apply for labor arbitration, the employee can file a complaint with the labor bureau or apply for labor arbitration at the labor arbitration commission where the employer is located, and request the employer to pay compensation. If you need it, you can go to the local trade union or the judicial bureau to apply for legal aid.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

If the labor contract has expired, the company shall pay economic compensation if the employee has left the company; If the employee is still employed by the employer and has not signed a new labor contract, the employer shall pay double wages, which shall generally not exceed 11 months.

Labor Contract Law of the People's Republic of China

Article 46.

Under 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) 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) Terminating 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.

No way. The company should avoid signing an indefinite employment contract with you, so adopt such a policy.

Prepare for the back road.

Although you have been with the company for nine years, you do not meet the conditions of "having worked for the employer for 10 consecutive years" as stipulated in Paragraph 1 of Paragraph 2 of Article 14 of the Labor Contract Law, nor do you fall under the condition of "concluding two fixed-term labor contracts consecutively and the employee does not renew the employment contract under the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law". It is highly likely that the company will not renew the employment contract with you.

In the case of the Company for the reason of not renewing the labor contract, it falls under the fifth paragraph of Article 46 of the Labor Contract Law, and shall pay you economic compensation for the period from January 1, 2008 to the date of expiration of the labor contract.