-
It is recommended that you take a look at the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law" and you will know what to do, and it will benefit you for the rest of your life.
The company shall sign an indefinite term employment contract with you, and if it does not sign an indefinite employment contract with you, it shall be handled in accordance with the following provisions of the Labor Contract Law:
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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Therefore, as long as the company still lets you go to work, you don't have to rush, it should be the company that is in a hurry.
If the company wants to terminate the labor contract with you, then the company has violated the labor contract law and terminates the labor contract without reason
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
In other words, the termination of the labor contract in accordance with the law is one month's economic compensation, and if the provisions of this law are violated, the economic compensation standard is twice the economic compensation standard.
In short, after reading it, you will know that you should choose which path.
-
It doesn't matter, just stay in the company and wait for him to arrange, if the company wants to terminate your labor relationship, then sue him in labor arbitration, and ask for double compensation.
-
The company may not renew the labor contract signed with the company for 3 years, but shall pay economic compensation, which shall be calculated according to the employee's employment years, and the company shall compensate for 3 months' salary for 3 years. Of course, there are special circumstances, if the company provides benefits to the employee and does not renew the contract, the company does not need to compensate after the termination of the labor contract.
1. Can the company not renew the 3-year labor contract signed with the company?
The visa may not be renewed, but severance payments will be paid. If the employer does not renew the contract upon expiration, it shall pay the employee one month's salary for each full year of service in the employer. 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.
If the contract expires and is renewed, no advance notice is required. It is possible to renew the labor contract within one month after the expiration of the labor contract, and the parties can renew the labor contract by consensus through consultation, and go through the renewal procedures before the expiration of the labor contract. If the employee continues to work for the employer and a de facto labor relationship is formed, it shall be deemed that the labor contract continues to be performed if the employee fails to go through the formalities for terminating or renewing the labor contract due to reasons attributable to the employer.
2. Does the company have to compensate if the labor contract is not renewed upon expiration?
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 may 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 or not.
3. How long in advance notice will the labor contract not be renewed?
Since neither the Labor Law nor the Labor Contract Law stipulates that a fixed-term labor contract must be notified 30 days in advance if the employer does not renew the expiration of the fixed-term labor contract, it depends on whether there are provisions in the local labor laws and regulations or whether there is an agreement in the labor contract.
To sum up, new employees often sign fixed-term contracts with the company, and when the three-year labor contract expires, the two parties should negotiate whether to renew it, and the company can not renew the contract under the condition of giving the employee economic compensation, and finally terminate the labor relationship. If the contract expires and both parties do not indicate it, the employee continues to work and will be deemed to be automatically renewed.
-
Summary. Hello, the expiration of the labor contract is equivalent to the termination of the original labor contract, and the employer needs to re-sign the labor contract with you within 1 month.
What should I do if I work for eleven years and the contract expires and the company does not renew the contract, but I am at work.
Hello, the expiration of the labor contract is equivalent to the end of the original labor contract, the unit needs to re-sign the labor contract with you within 1 month, and if it is not signed within the time limit, you can ask for double wages if it is not signed within the time limit.
In addition, you have been working for this company for 10 years, and the employer needs to sign a contract with you for an indefinite period of time. The Labor Law stipulates that if an employee has worked for the employer for 10 consecutive years, he or she shall conclude an indefinite labor contract. This is a mandatory requirement, and unless the employee requests to sign a fixed-term labor contract, the employer must comply with this provision, otherwise, it is illegal.
As far as the current situation is concerned, you can protect your legitimate rights and interests by applying for labor arbitration.
-
There is no way to say that the contract expires and the company does not renew it and it is automatically terminated.
-
Legal analysis: If the employer proposes not to renew the visa, 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, the employer refuses to renew the employment contract and shall pay the employee compensation.
Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years;
2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;
3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.
If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
Back then, an alternative song, fascinated thousands of beautiful girls, asked me about this pen in my hand, how much wind and rain I experienced, thinking that I was just popular back then, that. >>>More
What is the difference between the retirement pension of 21 year and 22 years of service?
Netizens commented on the two of them that these two people were the tyrants in the beauty industry back then, and I also liked the appearance of the two of them very much.
Thank you for your question!
Time is indeed a good medicine for the pain. However, its efficacy also varies from person to person. Some people are indeed able to let go of everything that came before and start a new life on their own over time. >>>More
There are 11 career choice factors, and according to your description, important factors of concern include: >>>More