Can a general employment contract be terminated upon expiration of a collective contract period?

The collective contract signed by the trade union on behalf of all employees is a labor contract that is binding on all employees based on the interests of all employees, based on the interests of the whole. The labor contract signed between your Uncle Zhang and the company is a labor contract based on the individual employee and only involves the personal interests of the employee, and the general labor contract is a supplement to the collective contract, so the signing of the collective contract does not affect the validity and performance of the general labor contract, so the company has the right not to renew the labor contract with Lao Zhang.

Collective labor contracts and general labor contracts are two different types of labor contracts, collective labor contracts are signed by each employer and the trade union on behalf of all employees according to their actual conditions, while general labor contracts are labor contracts that employers must sign with employees, and general labor contracts are supplements to collective contracts, and the two cannot be substituted for each other. The employer can decide whether it needs to sign a collective contract, but it must sign a general labor contract with the employee. The standards in a general labor contract shall not be lower than the corresponding standards in a collective contract.

After the promulgation and implementation of the Labor Contract Law, the standards of the general labor contracts signed between the employer and the employee shall not only be lower than the corresponding standards in the collective contract of the employer, but also shall not be lower than the relevant standards in the regional collective contract and the industrial collective contract in the region where the enterprise is located.

During the collective contract period, when the general labor contract expires, the labor contract relationship shall be agreed upon in accordance with the general labor contract (ordinary labor contract).

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties.

A collective contract refers to a written agreement reached between an employee and an employer on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. (A collective contract is actually a special type of labor contract, also known as a group agreement, a collective agreement, etc.).

The difference between the two types of contracts:

1. The subject is different: one of the parties to the collective contract is the enterprise, and the other party is the representative of the trade union organization or the worker in accordance with legal procedures. The parties to the labor contract are the enterprise and the individual worker.

2. The content is different: the content of the collective contract is an agreement on the general working conditions of the enterprise, and the content is based on the common rights and obligations of all workers. The content of the employment contract only relates to the rights and obligations of an individual employee.

3. Different functions: The purpose of negotiating and concluding a collective contract is to stipulate the general working conditions of the enterprise, set specific standards for all aspects of labor relations, and serve as the basis and guiding principle of a single labor contract. The purpose of an employment contract is to establish the employment relationship between the employee and the enterprise.

4. Different legal effects: the collective contract stipulates the minimum labor standards of the enterprise, and all the standards agreed in the labor contract are invalid if they are lower than the standards of the collective contract, so the legal effect of the collective contract is higher than that of the labor contract.

Cunning company. Uncle Zhang was laid off and unemployed. Unemployment benefits can be processed.

1. When the labor contract expires, if the employer agrees to renew the labor contract and maintain or improve the terms and conditions of the labor contract, and the employee does not agree to renew, the labor contract shall be terminated and the employer shall not pay economic compensation. 2. If the employer agrees to renew the labor contract, but lowers the conditions agreed in the labor contract, and the employee does not agree to renew the labor contract, the labor contract shall be terminated and the employer shall pay economic compensation.

There is a time limit in the labor contract, and after the expiration of the agreed period, the labor contract will be terminated. Well usually,The employment contract is terminated upon expirationHow to deal with it? This is very important content for the parties, so let me answer it for you.

1. How to deal with the termination of the labor contract upon expiration

According to the provisions of the above-mentioned provisions of the Labor Contract Law, it can be understood as follows:

1. When the labor contract expires, if the employer agrees to renew the labor contract and maintain or improve the terms and conditions of the labor contract, and the employee does not agree to renew, the labor contract shall be terminated and the employer shall not pay economic compensation.

2) If the employer agrees to renew the labor contract, but lowers the conditions agreed in the labor contract, and the employee does not agree to renew, the labor contract shall be terminated and the employer shall pay economic compensation;

3) If the employer does not agree to renew, the employer shall pay economic compensation to the termination of the labor contract, regardless of whether the employee agrees to renew the contract. Then, if the employment contract expires and is not renewed, the employer proposes to terminate the employment contract and is required to pay severance payments.

When an employment contract expires and is terminated, the employer is required to pay severance only for the termination of the fixed-term employment contract, and the Labor Contract Law does not stipulate that severance shall be paid for the termination of the employment contract with a time limit of completion of a certain work task.

2. The circumstances under which the employer pays economic compensation

Article 46 of the Labor Contract Law 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) 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.

InThe employment contract is terminated upon expirationGenerally speaking, there are two ways to deal with it, one is to renew the employment contract after negotiation, and the other is to terminate the employment relationship between the employee and the employer, and then both parties no longer bear the previous rights and obligations. As for which method to choose, the parties can decide according to the actual situation. For more information, you can consult a lawyer in Yangjiang.

1. Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are during the period of diagnosis or medical observation; 2. Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; 3. Sick or non-work-related injury, within the prescribed medical treatment period; 4. Female employees are pregnant, sending grandchildren to give 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 stipulated by laws and administrative regulations.

Article 42 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is 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 confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (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.

According to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract in accordance with Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

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 confirmed to have lost or partially lost the ability to work;

(3) Illness or non-work-related injury, within the prescribed period of medical treatment;

(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.

Article 42 of the Labor Contract Law stipulates that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

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 confirmed to have lost or partially lost the ability to work;

(3) Illness or non-work-related injury, within the prescribed period of medical treatment;

(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.

In accordance with any circumstance under Article 42 of the Labor Contract Law, the contract shall continue until the circumstances disappear.

Labor Contract Law

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 confirmed to have lost or partially lost the ability to work;

(3) Illness or non-work-related injury, within the prescribed period of medical treatment;

(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.

Article 45 Where a labor contract expires under any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

Circumstances under which an employer may not terminate a labor contract: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of having an occupational disease during the diagnosis period; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Female employees are pregnant, giving birth, or breastfeeding; Wait a minute.