Do I need to compensate the employee if the labor contract is not renewed after it expires?

Updated on society 2024-04-23
5 answers
  1. Anonymous users2024-02-08

    Legal analysis: If the employer is unwilling to renew the labor contract after the expiration of the labor contract, it shall pay severance to the employee. The criteria are:

    If you have worked for more than 6 months but less than 1 year, it will be calculated as 1 year, and if you have worked for less than 6 months, you will be paid for half a month's salary. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances:

    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. 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.

  2. Anonymous users2024-02-07

    Legal Analysis: To be compensated. If the employer proposes not to renew the visa, it will pay the employee one month's severance after one year.

    If the employee requests to renew the contract with an indefinite term, the employer refuses to renew the contract, and the employer will pay the employee compensation at the rate of two months' wages for one year of service. If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new employment contract provided by the employer are reduced.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 44 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 the basic pension insurance benefits in accordance with the law;

    3) The worker dies, or is declared dead or missing by the people's court;

    4) The employer has been declared to have taken property in violation of the calendar in accordance with the law;

    5) The employer's business license has been revoked, ordered to close down, or 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.

  3. Anonymous users2024-02-06

    If the labor contract is not renewed upon expiration, if the employee takes the initiative not to renew the contract or does not renew it when the employer raises or maintains the agreed conditions of the labor contract, no compensation is required; If a single relative takes the initiative to propose not to sign or lowers the conditions of the labor contract and is rejected, compensation will be given.

    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; Gao Wuhe.

    (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.

  4. Anonymous users2024-02-05

    If the labor contract is not renewed at the expiration of the labor contract, the score determines whether compensation is required

    If the employer proposes not to renew the visa, it shall pay the employee severance compensation;

    If the employee does not renew the contract, it depends on the specific situation, if the unit maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be made; If the employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

  5. Anonymous users2024-02-04

    If the labor contract expires and is not renewed, will there be compensation for Minmin's chaotic bridge?

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