Can I get unemployment benefits if I don t renew my labor contract when it expires?

The expiration of the labor contract between the employee and the employer and the termination of the labor contract is one of the conditions for receiving unemployment insurance benefits.

To receive unemployment insurance, employees need to leave their jobs without their own will, and have paid unemployment insurance premiums for more than one year.

In accordance with the "Measures for the Application and Payment of Unemployment Insurance Benefits".

Article 4 An unemployed person who meets the requirements stipulated in Article 14 of the "Regulations" may apply for receiving unemployment insurance money and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to one's own will refers to the following persons:

1) Termination of the labor contract;

2) The labor contract is terminated by the employer;

3) Being dismissed, removed or dismissed by the employer;

4) In accordance with Article 32 of the Labor Law of the People's Republic of China.

2. Termination of labor contract with the employer in the third paragraph;

5) Laws and administrative regulations provide otherwise.

Social Insurance Act

Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a request to seek employment.

Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months. If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months.

Yes, if the labor contract expires, the employee can go through the unemployment registration process with the Certificate of Dissolution or Termination of the Labor Contract issued by the employer, and then go to the unemployment insurance office to go through the formalities for receiving unemployment insurance with the original employer with the Unemployment Insurance Application Form stamped.

Legal analysis: If the labor contract is not renewed upon expiration, and the employer does not renew it, the employer can receive unemployment benefits. An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed; 2) Interruption of employment not due to the person's will; 3) Have been registered as unemployed and have a request to seek employment.

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 the employer and the employee conclude a labor contract before employment, the employment 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.

Social Insurance Law of the People's Republic of China Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a request to seek employment.

When the labor contract expires, if the employee is unwilling to renew the labor contract, the employer is not liable for economic compensation and cannot claim unemployment insurance benefits. If the employer is unwilling to renew the contract or the salary and benefits are lower than the original contract, the employer shall bear the responsibility of paying economic compensation and may request to receive unemployment insurance money.

Legal analysisAn unemployed person who meets the following conditions may receive unemployment insurance money: (1) he or she has participated in unemployment insurance in accordance with the regulations, and his or her employer and himself have fulfilled the obligation to pay contributions in accordance with the provisions for one year; 2) Interruption of employment not due to the person's will; (3) Those who have been registered as unemployed and have requirements for job seeking. During the period of receiving unemployment insurance money, an unemployed person shall enjoy other unemployment insurance benefits at the same time in accordance with regulations.

Unemployment insurance money is the most fundamental social security provided by the state to the unemployed, but not all unemployed people can receive unemployment insurance money. There are certain conditions required to receive unemployment insurance money, and only eligible unemployed persons can receive their own unemployment insurance benefits. Not the other way around.

1) Participate in unemployment insurance in accordance with the regulations, and the unit to which they belong and the person have fulfilled the obligation to pay contributions in accordance with the provisions for one year. (2) Interruption of employment not due to one's own will, that is, an unemployed person is unwilling to interrupt employment, but is forced to interrupt employment due to reasons beyond his control. The Measures for the Application and Payment of Unemployment Insurance Premiums issued by the Ministry of Labor and Social Security stipulate the circumstances under which employment is interrupted without one's will, mainly including:

If the labor contract is terminated, the employee is terminated by the employer, the employee is dismissed, removed or dismissed by the employer, and the employer violates the law or violates the labor contract and causes the employee to resign. If an employee becomes unemployed due to the occurrence of the above-mentioned circumstances, the employee has the right to apply for unemployment insurance money. (3) Have been registered as unemployed and have job search requirements.

The purpose of unemployment registration is to grasp the basic information of the unemployed and confirm their qualifications. The requirement to seek employment is due to the fact that an important function of unemployment insurance is to facilitate the re-employment of the unemployed. This is a prerequisite for enjoying unemployment insurance benefits, and it is also the obligation of the unemployed.

4) All unemployed persons who meet the conditions for receiving unemployment insurance can apply for unemployment insurance money to protect their most basic livelihood.

Legal basisArticle 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

If an employee voluntarily does not renew the labor contract after it expires, he or she is not entitled to unemployment benefits.

Conditions for receiving unemployment insurance benefits: Withered bucket is not interrupted for the purpose of the person's own will; The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed; Have been registered as unemployed and have a request to seek employment. An unemployed person who participates in the basic medical insurance for employees during the period of receiving unemployment insurance money can also enjoy basic medical insurance benefits.

Whether compensation is required for non-renewal of the labor contract upon expiration shall be judged in two situations:

1. If the unit does not renew, economic compensation is required.

2. If the employee does not renew the contract, it depends on the specific situation and is subdivided into two situations: 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 reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

Severance shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation. The monthly wage of the worker is 3 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 paid to them shall be three times the average monthly salary of the employee; The maximum number of years for which severance is paid shall not exceed 12 years.

To sum up, the labor contract is not renewed, and unemployment benefits are not allowed if the conditions for unemployment are not met.

Legal basis

Article 45 of the Social Insurance Law of the People's Republic of China stipulates that unemployed persons who meet the following conditions shall receive unemployment insurance benefits from unemployment insurance**

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a request to seek employment.

If the labor contract expires and the employer does not renew it, the employee can receive unemployment benefits, but if the employee voluntarily does not renew the contract, he or she cannot receive unemployment benefits. Unemployment allowance is the basic living expenses paid by unemployment insurance agencies to eligible unemployed persons in accordance with the law, and is a temporary compensation for the loss of wage income during the period of unemployment. Brother Lu knows that when the labor contract expires, the employee voluntarily does not renew it, which is due to the interruption of employment due to his own will, so he cannot receive the full sale.