Whether it is reasonable for the company not to sign and renew the letter of intent before terminati

The letter of intent to renew the labor contract is a questionnaire made by the employer to understand the employee's intention to renew the labor contract after the expiration of the labor contract, and is a document of intent for both parties to renew the labor contract. Therefore, even if the "departmental opinion" column on the form says that the one-year renewal is written, it only represents the opinion of the employer and is not binding on you. You can still make your own requests.

2. In accordance with the provisions of Article 14 of the Labor Contract Law, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) The employee has worked for the employer for 10 consecutive years. According to the above legal provisions, if you propose to conclude an indefinite-term labor contract when you conclude an employment contract, the employer shall enter into an indefinite-term employment contract, which is the obligation of the employer.

3. Paragraph 5 of Article 46 of the Labor Contract Law stipulates that, 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 employer shall give economic compensation if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law (Paragraph 1 of Article 44 refers to the termination of the labor contract upon expiration). Therefore, unless you do not agree to renew the contract at the expiration of the contract, the employer should pay you severance if you leave the company after the contract expires.

Severance is one month's salary for each year of service, and if it is six months but less than one year, it will be calculated as one year; If it is less than six months, it shall be calculated as half a year and pay half a month's salary. 4. According to what you said, the employer should sign an indefinite labor contract with you, if the employer must sign a fixed-term contract, you can complain to the labor bureau or file labor arbitration with the labor dispute arbitration commission. Even if you leave your job, your employer should compensate you financially for the number of years you have worked.

It can be signed, and it must be signed, first of all, you are an employment relationship, and the contract can guarantee the rights and interests of both parties.

The letter of intent to renew the employment contract is proof that the company will renew the contract with you in advance, and will not have any other effect.

The place of work is also not a problem, there are too many of them. As long as there is no problem with the name of the company.

Don't worry, it's okay!

The company issued a notice of non-renewal of the labor contract, which means that after the expiration of the contract, the labor relationship will be terminated, and there is no need to sign a non-renewal agreement.

Since the responsibility for not renewing the contract lies with the company, which falls under the circumstances stipulated in Paragraph 5 of Article 46 of the Labor Contract Law, the employee shall pay corresponding economic compensation according to the period of service provided by the employee. That is, one month's salary for every year of work, and half a month's salary for less than six months.

There is no need to sign a non-renewal agreement, it is recommended that you keep the notice of non-renewal of the labor contract of the employer, and the employer should pay you severance for one month for each full year.

The company has issued a notice of non-renewal of labor, and there is no need to sign a labor contract and non-renewal agreement. Since the company does not renew the labor contract, the company should pay economic compensation, the standard is based on the employee's working years, one month's salary for each full year, more than six months less than one year, one month's salary, less than six months, half a month's salary.

It depends on how the content of the agreement on non-renewal of the labor contract is expressed, so it is not possible to reply for the time being.

Generally, after the company issues a notice of non-renewal of the labor contract, it shall calculate and pay severance to the employee in accordance with the Labor Contract Law, and if the signed non-renewal agreement does not clearly express the intention to pay severance in accordance with the law, then the employee should not sign the agreement to avoid labor disputes that are unfavorable to him.

Summary. Dear, good boss, after receiving the notice of termination of the labor contract, the company continues to renew the contract, you can not agree to renew, and get compensation in the original way. Yes, the contract expires, the company renews the contract, and the employee does not agree.

The employer is required to pay severance to the employee. The employer renews the labor contract by a third party because the employer maintains or improves the conditions agreed in the labor contract. In the event of a labor dispute between an employee and an employer, he or she may apply to the Workers' Arbitration Commission at the place where the employer is located for labor arbitration.

If the company continues to renew the contract after receiving the notice of termination of the labor contract, can it not agree to renew the contract and get compensation in the original way?

Dear, good boss, after receiving the notice of termination of the labor contract, the company continues to renew the contract, you can not agree to renew, and get compensation in the original way. Yes, the contract expires, the company renews the contract, and the employee does not agree. The employer is required to pay severance to the employee.

The employer renews the labor contract by a third party because the employer maintains or improves the conditions agreed in the labor contract. If a labor dispute arises between an employee and an employer, he or she may apply to the Workers' Respect Arbitration Commission where the employer is located for labor arbitration.

Legal basis: Under any of the following circumstances under Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee: The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; Where an employer proposes to terminate a labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract; The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; Where the employer dismisses the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law; Terminate a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, unless the employer maintains or improves the conditions agreed in the labor contract and renews the labor contract, unless the employee does not agree to renew; The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; Other circumstances provided for by laws and administrative laws.

That is to say, I have received the notice of termination, and the company requires the renewal according to the original contract content, I can not agree to renew, or take the compensation and leave.

You can disagree with the sign.

Take compensation.

Summary. According to the Labor Contract Law of the People's Republic of China, "severance compensation shall be paid to the employee according to the number of years of service 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. If the monthly wage of a 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 to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

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Hello, yes, if the labor contract with an indefinite term should be renewed and not renewed, it can be regarded as a termination of the contract and can claim economic compensation, according to the "Labor Contract Law of the People's Republic of China": "Economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit, and the standard of one month's salary for each full year of the spring festival shall be paid to the employee. 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.

If the monthly wage of a 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 level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. Hello, you can renege after signing a letter of intent not to renew the labor contract, because the two parties can still negotiate to terminate the letter of intent, and there is no legal requirement that must be fulfilled. <>

Hello, you can repent, you can repent, because the two parties can still negotiate to terminate the letter of intent, and there is no legal provision that must be fulfilled. <>

The letter of intent for an employment contract is not an informal labor contract, so the issue of termination or reversal can be handled according to the negotiation between the two parties<>

Dear, if you have signed a letter of intent for the labor contract, and the letter of intent has not clearly stipulated that one party shall pay liquidated damages or compensation and other relevant terms of the company, then you need to deal with it according to the agreement between the two parties when terminating the letter <>of intent

What if the company does not agree to the reversal on the grounds that it is not up to the job?

The letter of intent for the labor contract is a document that the two parties agree to sign the labor contract to reach a preliminary intention, and the company does not agree to terminate the labor contract on the grounds that it is incompetent for the job, and the employer needs to bear the liability for compensation.

The compensation rate is one month's salary for each full month of the employee's working hours with the employer. <>

Legal basis: Article 47 of the Labor Contract Law of the Consumer Group.

In paragraph 1 and 2, 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 liter of monthly wage.

What happens if the company doesn't renew the contract until it expires, or use the letter of intent that I have already signed as evidence.

Dear, is it voluntary for you to sign the letter of intent to renew the labor contract? Did the company force you to sign it?

That's not it. Did you read the terms of the letter of intent and knew its contents when you signed the letter of intent not to renew the employment contract, and did the employer mislead you?

When I signed the letter of intent, I said I had to think about it, but they didn't give me time to sign it right away.

Therefore, if the other party has forced you, it is a situation where you have not chosen to sign, and the employer has not given economic compensation, you can argue that the letter of intent not to renew the labor contract is invalid. [Shed chuckles].

If you leave your job at the original company and do not terminate the labor contract, you cannot sign a labor contract with the new company. The employee's labor relationship must be terminated by the previous unit before he can sign a labor contract with the new unit, otherwise it is an illegal act and there will be labor contract disputes.

1. Can the original labor contract be re-signed if it has not been terminated?

No, if the previous labor contract is not terminated, the employee and the previous company still have an employment relationship, so naturally they cannot sign the next labor contract, which is a violation of the labor law.

If the labor contract has not been terminated with the original employer, it is not possible to sign a labor contract with the new employer, because a person's labor relationship must be terminated with a unit before a new labor contract can be restarted, otherwise, there will be labor contract disputes. If the employee has not completed the formalities for terminating the labor contract with the original employer, he or she cannot sign the labor contract with the new employer for the time being. If a labor contract is signed, the new employer shall be jointly and severally liable for the economic losses incurred by the original employer.

Referring to Article 91 of the Labor Contract Law, if an employer recruits an employee who has not yet terminated or terminated the labor contract with another employer, and causes damage to the other employer, it shall be jointly and severally liable for compensation.

2. How to issue a certificate of termination of labor contract when an employee resigns?

The certificate of termination of the labor contract is a certificate issued by the employer when the employee leaves the company. Under normal circumstances, it is issued by the unit, and then the labor relations department of the local human resources and social security bureau stamps the termination process. If the deadline is exceeded, it may be necessary to provide proof of official seal according to the requirements of the office.

If the company refuses to issue a termination of the labor contract, it can file a complaint with the labor department. According to the Labor Contract Law, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance disadvantage relationship within 15 days. In case of violation, the worker may file a complaint with the labor inspection department.

If an employer violates the relevant provisions by failing to issue a written certificate of dissolution or termination of the labor contract to the employee, and the labor administrative department orders the employee to make corrections and causes damage to the employee, it shall be liable for compensation.

If the labor contract has not been terminated with the original unit, a new labor contract cannot be signed. After the employee resigns, the employer shall issue a certificate of termination of the labor contract for the employee, and then go through the termination procedures at the Labor Relations Department of the Human Resources and Social Security Bureau where the employer is located. It is the legal obligation of the employer to issue a certificate of termination of the employment contract, and if the employer refuses to do so, the employee can file a complaint with the labor department.