How to compensate for signing 2 consecutive contracts before the expiration of the resignation

Updated on society 2024-04-22
6 answers
  1. Anonymous users2024-02-08

    Unless the employer is legally at fault, there is no compensation for the employee's voluntary termination of the contract.

    The employee may terminate the contract in accordance with Articles 36, 37 and 38 of the Labor Contract Law. During the performance of the labor contract, the employer shall pay the employee one month's salary and economic compensation every year according to the employee's working years if the employer has the circumstances specified in Article 38 of the Labor Contract Law. In other cases, there is no economic compensation for the employee's voluntary termination of the contract.

    If the employee terminates the contract in violation of the provisions of the law and causes losses to the employer, he shall be liable for compensation.

    Attached: Labor Contract Law

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

    Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

    Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

  2. Anonymous users2024-02-07

    If the employee violates the company's rules and regulations, etc., and the fault lies with the employee, the company will not compensate the employee. If it is an agreement to resign, compensation will be given according to the number of years of service, one month's salary for each year of service, half a month's salary for six months, one year for six months and less than one year, and six months for less than six months. If the employment contract is terminated due to the reasons of the employer, it is required to pay compensation, which is twice the standard of compensation and is calculated in the same way as compensation.

  3. Anonymous users2024-02-06

    If a week has passed since the expiration of the second contract, can I get compensation for my resignation?

    If the company does not renew the second contract, it is necessary to pay compensation to the employee, and the standard is to pay the employee according to the number of years of service. After the expiration of the labor contract, if the two parties negotiate not to renew it, the contract will be terminated naturally. If the company unilaterally does not renew the visa, the employee is entitled to claim financial compensation.

    Of course, if the company insists on renewing the contract and the employee does not renew, there is no compensation.

  4. Anonymous users2024-02-05

    If the contract expires and continues to work, it is illegal to be dismissed, and the employee can claim compensation. If the employer proposes not to renew the visa, the employee will continue to work in the employer, and if it exceeds one month, the employer shall pay the employee double wages.

    1. What should I do if the contract expires and is not renewed, and the employee can apply for labor arbitration to demand double the salary after the expiration of the labor contract. However, if the employee resigns, the resignation procedure is the same as during the term of the employment contract. 2. What to do when the contract expiresThere are generally two situations when the contract expires, namely:

    Contract Termination and Contract Renewal. 1. Termination of the contractThe term of the contract agreed by the parties to the contract expires, and the parties to the contract choose to terminate the contract because the purpose of the contract has been achieved or the parties to the contract believe that the cooperation during the contract period is not satisfactory. Of course, the contractual rights and obligations between the parties to the contract are also terminated with the reputation.

    2. Contract renewalThe contract term agreed by the parties to the contract expires, and the two parties agree to renew the contract based on the previous cooperation and exchange. This type of renewal is more common in the employment contract, where the employer is satisfied with the employee's performance during the contract period and chooses to continue to sign the employment contract. In addition, it refers to the lease contract, especially in the lease contract.

    The expiration of the contract is an opportunity, but it is also necessary to choose carefully. After all, the purpose of the contract is to achieve the interests of the parties. 3. How to renew the contract when it expires1. If the labor contract is renewed when it expires, the two parties may separately enter into a written labor contract or sign the Agreement on Renewal of the Labor Contract, which cannot be replaced by a unilateral notification letter.

    2. If neither the company nor the individual employee proposes to renew the labor contract at the expiration of the term, but the individual employee is still working in the unit, the company not only needs to pay double the salary, but also has the risk of forming an indefinite labor contract with the employee after one year, and paying double the severance payment after dismissal.

  5. Anonymous users2024-02-04

    Summary. The labor contract shall be concluded within one month from the date on which the labor contract shall be renewed, and if it is not concluded within one year, it shall be deemed to have concluded an indefinite labor contract. You just wait for the company to send you money every month, hehe, let them see that you are unhappy and take the initiative to fire you, and you can get the following compensation at that time:

    1. According to your length of service, you will be compensated with one month's salary for each year of work as an economic condition that cannot be improved;

    2. When the contract expires and the company does not renew the contract with you, but you are still working in the company, the company should pay you double your salary from the second month until you leave the company;

    3. If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of work. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

    The contract expired and was not renewed, but I was still working for more than 1 year, and then I voluntarily resigned, is there any compensation?

    The labor contract shall be concluded within one month from the date on which the labor contract shall be renewed, and if it is not concluded within one year, it shall be deemed to have concluded an indefinite labor contract. You wait for the company to pay you money every month, hehe, let them see that you are unhappy and take the initiative to fire you, and then you can get the following compensation: 1. According to your length of service, you will be compensated for one month's salary for each year of work as an economic not bad and cannot be improved; 2. If the contract expires and the company does not renew the contract with you, but you are still working in the company, the company should pay you double your salary from the second month until you leave the company; 3. If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of work in Naimu.

    The salary standard is calculated based on the average salary of the 12 months prior to your resignation.

    If I leave my job on my own initiative, can I make a claim? The company pressed to sign a confidentiality agreement and did not give me economic compensation, and did not issue a resignation certificate to me.

    Article 89 of the Labor Contract Law stipulates that if an employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If damage is caused to the person who is the first to work and work, he shall be liable for compensation from the source. Therefore, it is possible to go to the local labor inspection brigade to report the act of not issuing a written certificate of dismissal or termination.

  6. Anonymous users2024-02-03

    If the employer proposes not to renew the contract upon expiration, it shall pay the employee severance and pay one month's salary for one year of service. If an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the employment contract illegally, it shall pay the employee compensation and pay two months' wages for one year of service.

    1. What should I do if the content of the contract is changed when the labor shirt contract expires and the contract is renewed.

    1. When the labor contract expires, if the employer proposes not to renew it, the employee shall be paid severance and one month's salary shall be paid 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, it shall pay the employee compensation and pay two months' wages for one year of service. 2. When the labor contract expires, if the employer maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be paid. If the employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

    2. How to calculate the salary if the labor contract is not renewed.

    If the labor contract is terminated upon expiration and the employer proposes not to renew it, the employer shall pay the employee severance and pay one month's salary for one year of service; If the employee has statutory circumstances to renew the indefinite-term labor contract, and the employer refuses to renew the labor contract illegally, the employer shall pay twice the salary from the date on which the contract should be renewed but is not renewed.

    3. What should I do if the company does not renew the labor contract?

    If the employer proposes not to renew the contract, 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 employment contract, the employer refuses to renew the contract and shall pay double the salary. An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.

    Articles 14, 44, 46, 47, 48 and 87 of the Labor Contract Law of the People's Republic of China.

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