Questions about labor contract disputes: The employee has worked for 4 years, and the current employ

No. After the expiration of the labor contract, if the employer continues to employ the employee, it is a new labor relationship and the labor contract shall be renewed. If the employer continues to employ the employee and has not signed a contract, it shall pay the employee twice the salary from the month following the employment (Beijing stipulates that it shall start from the month of continued employment) until the day before the completion of one year, with a maximum of 11 months (12 months in Beijing).

After the expiration of the labor contract of the current employer, if the employer continues to employ the employee for 3 years and does not sign the contract, although it meets the conditions for paying double the salary, the statute of limitations for arbitration of labor disputes is 1 year, and the double salary is not the same as the labor remuneration, which is the legal liability borne by the employer in violation of the law, and the ordinary statute of limitations applies.

No, the one-year statute of limitations for labor arbitration has expired.

See the attached diagram of the provisions of the Labor Dispute Mediation and Arbitration Law

The Labor Contract Law stipulates that if an employer fails to sign a contract after one month of employment, it shall pay the employee twice the salary from the day after the expiration of one month. Although the employer has signed a one-year employment contract with the employee for the first time, but has not signed another contract with the employee after the expiration of the contract, and now unilaterally dismisses the employee, the employee can claim double the salary for the three years without signing the contract.

Sign a one-year labor contract, and after one year, the labor contract expires.

If the employer has worked for the employer for 15 consecutive years and is now less than 5 years away from retirement, the employer is not allowed to terminate the labor contract; If the employer is forcibly terminated, it shall pay compensation in accordance with Article 87 of the Labor Contract Law

Article 42 [Circumstances under which an employer may not terminate a labor contract] If a worker falls 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) Laborers engaged in work that are exposed to 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 being confirmed to have lost or partially lost the ability to work;

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

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.

Summary. Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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.

The monthly wage of the 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 at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years.

After dismissal of a worker under the labor contract system. Does it have an effect on the length of continuous service?

Hello, I am the consulting lawyer and have received your question and am happy to serve you.

Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of 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. The monthly wage of the 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 economic compensation to be paid to them shall be three times the average monthly salary of the employees, and the maximum period of economic compensation shall not exceed 12 years.

Now the social security pension is determined according to the limit of your social security annual draft, there is no calculation of the length of service, the longer the payment period, the more continuous length of service, refers to the length of service that can be calculated continuously according to the law, it includes the length of service in the unit and the length of service in other units before the key can be calculated in accordance with the law.

There are three calculation methods for length of service: continuous rough comic calculation method, combined calculation method and conversion method, and how to calculate it is determined according to the actual situation of employees. The so-called length of service refers to the working time of the worker with the employer since the establishment of labor relations with the unit, with wage income as the main or all of the working time. The only legal significance for the calculation of social insurance benefits is the length of continuous service and the length of contributory service.

Agitation. If you go to another company after being dismissed by the employer, the new company may not recognize your previous seniority. However, the retirement salary or social insurance is determined based on your actual number of years of filial piety.

After the termination of the labor contract, it is still possible to apply for labor arbitration, but it should be noted that the labor relationship is terminated within one year. In addition, if there is a certificate of termination of the labor contract signed at the time of termination, as long as the employee signs the certificate of termination of the labor contract, it means that there is no dispute between the two parties at the time of the termination of the labor relationship, so do not sign it if it does not match the actual situation.

Legal analysis. According to the relevant laws and regulations, even if the termination agreement is signed, as long as it falls within the scope of labor arbitration, labor arbitration can be applied. The claimant shall submit a written claim for arbitration and submit copies according to the number of respondents.

The application shall contain the statutory contents, including: 1. The name, gender, age, occupation, work unit and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge; 2. The arbitration claim and the facts and reasons on which it is based; 3. Evidence and evidence**, names and addresses of witnesses. If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

If the arbitration commission makes a decision on whether to accept the application within 5 days after receiving the application, and does not accept the application or does not make any reply within 5 days, the applicant may file a lawsuit with the people's court. If a decision is made to accept the application, a decision shall be made and sent to the applicant, and a copy of the application shall be sent to the respondent within 5 days of acceptance. The respondent shall submit a statement of defense within 10 days, but if it does not submit a statement of defense, it will not affect the arbitration of the case.

Legal basis. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers 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 or 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.

Hello, there can be economic compensation, which is paid to the worker according to the number of years the worker has worked in the unit and the standard of one month's salary for each full year.

There is no compensation for my resignation.

According to the relevant provisions of China's labor law, enterprises should insure their employees, and if the enterprise fails to fulfill this obligation, employees can complain to the labor inspection department.

It should be noted that insurance issues do not fall within the scope of labor arbitration, but belong to the labor inspection department, you only need to bring the materials that can prove your working relationship, and the insurance delivery is provided by the enterprise as evidence.

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.

3. In addition, you can ask for financial compensation. Because he didn't buy you social insurance, you can get financial compensation if you quit.

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

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

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;

According to the provisions of the Labor Contract Law, the employer may be required to pay severance and so on.

Lawyer Zeng Jinfeng.

If the employee does not sign the labor contract from the date of entry to one month, he or she will be paid twice the salary every month from the second month to one year. Employees are fired by the company. One month's salary shall be paid for each full year, half a month's salary shall be paid for less than six months, and if the labor contract is not terminated with one month's notice, one month's wages in lieu of notice shall be paid.

If the company has not signed a contract, it has been working for exactly 15 years, and it has not been notified one month in advance. That should pay 27 months' salary. I don't know if social security has been paid?

If the payment is not made, the enterprise has the right to make up the payment.