The employment contract had just been renewed, and in less than two months, the employer wanted to t

1. The employee submits a motion and the employer agrees to terminate the labor contract through consultation.

2. Notify the employer in writing 30 days in advance, and the labor contract may be terminated without the consent of the employer.

3. During the probationary period, notify the employer to terminate the labor contract three days in advance.

4. The employer may be notified to terminate the contract under the following circumstances: the employer fails to provide labor protection or conditions in accordance with the labor contract; Failure to pay labor remuneration on time and in full; Failure to pay social insurance in accordance with the law; Violating laws and regulations and harming the rights and interests of workers; Using deception, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to their true intentions; The employer excludes the rights of the employee; Violating mandatory provisions of laws and regulations;

If the employment contract is terminated on these grounds, the employer must pay economic compensation to the employee in accordance with the law.

5. If the employer forces labor by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the personal safety of the employee, the employee may terminate the labor contract immediately without prior notice to the employer. The employer must also pay financial compensation in accordance with the law.

Specifically, you can refer to the new labor law of 08. Basically, it depends on how long you have been in the company, and you can determine how much money you should pay.

You should be compensated double the severance payment, which is one month's salary for each year of service, and the wage rate is the average salary you have paid for the twelve months prior to that period.

Summary. Hello dear and dear, you can sign a new contract after the termination of the labor contract. The original employer shall issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The employee and the employer may sign an employment contract again if they reach an agreement through consultation. <>

<> want to terminate the labor contract with the employer this month, can I renew the contract with the original employer in a few days?

That is, the labor contract will be terminated this month, and it will be re-signed this month.

in the same unit.

Hello dear and dear, you can sign a new contract after the termination of the labor contract. The original employer shall issue a certificate of dissolution or termination of the labor contract, and shall go through the formalities for the transfer of files and social insurance relations for the employees within 15 days of the group verification. The employee and the employer may sign an employment contract again if they reach an agreement through consultation.

<> dear, the legal basis for giving you is that, according to Article 37 of the Labor Contract Law, an employee may terminate the 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.

Therefore, an employee who has not signed a contract during the probationary period cannot leave the company at any time, and needs to notify the employer three days in advance before he can terminate the probationary labor agreement.

Pro, yes. Is it okay to use the same unit? Cancel in the current month, re-sign in the same month? on the system.

Dear, in general, yes.

After the expiration of the labor contract, the contract is terminated. The termination of the labor contract is the legal effect of the early termination of the labor contract by both parties, and the rights and obligations of both parties are terminated. The labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed by the parties.

Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and reaches an agreement with the employee to terminate the labor contract; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) 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 fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Summary. If the contract expires and continues to work in the original unit, you can claim compensation. According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee 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.

When the labor contract expires, and the employer does not renew it immediately, but only signs the contract after stopping for three months, can the employer be required to receive compensation?

If the contract expires and continues to work in the original unit, you can claim compensation. According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee 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.

It is legal to not renew the contract with the employee for how long the labor contract expires.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee a monthly payment.

Pay twice the salary.

In this case, it actually means that the contract has expired, and the parties are bound by both parties, so the expiration of the labor contract is a natural termination of the labor contract.

1. Can I leave my job two months after the expiration of my work contract?

You can leave your job two months after the expiration of your work contract, and you can leave immediately after the contract expires. As long as there is no stipulation in the contract that the employee needs to be notified in advance, the employee has no obligation to notify the employer 30 days in advance.

This is because the employer itself has not managed the labor contract in place, and the employer itself has the responsibility to consult the employee in advance whether to renew the labor contract, and if the employee is unwilling to renew, the employer can arrange the work handover in advance.

Now that the labor contract has expired and the contract has been terminated naturally, you are no longer a person in the unit, as long as you go through the resignation procedures. If the employer does not go through the resignation procedures, it is illegal, and you can appeal to the labor department to protect your rights.

2. What are the requirements for the expiration certificate of the labor contract?

If the labor contract expires and is not renewed, the employer shall issue a certificate of termination of the labor contract.

1. 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 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 2 months' salary for 1 year of service;

2. If the employee does not renew the contract, there will be no severance unless the conditions agreed in the new labor contract provided by the employer are reduced.

Labor Contract Law

Article 14 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 unless the employee proposes 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.

There are relevant time limits in the labor contract, and under normal circumstances, the resignation procedures can be handled after the expiration of the labor contract, and for both parties, if the labor contract expires but the labor contract is not renewed, they do not need to be bound by the original labor contract.

Article 6 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

First of all, it is certain that since the expiration of your employment contract, the company and the employee have not signed the employment contract in time, and the de facto employment relationship has been continued. There are two violations of the law.

1.The company did not renew and terminate the contract one month in advance.

2.After the expiration of the contract, the enterprise failed to sign the labor contract with the employee in a timely manner.

In such cases, it can be handled according to the wishes of the employee and the result of the negotiation with the enterprise.

1.The enterprise pays severance (from the start date of the original contract) and terminates through negotiation.

2.In the arbitration, the arbitration demanded that the employer pay twice the severance (the part already paid needs to be deducted) from the date of the absence of the contract, and required the enterprise to continue to perform the labor contract, re-sign the contract or negotiate to terminate the de facto labor relationship. Above.

Generally, the human resources department is oriented towards the enterprise, which is why it is said that. In fact, they are wrong1You can get financial compensation.

2.How much compensation can be paid.

1) After the expiration of the contract, if the employer is unwilling to renew the contract, you need to pay one month's salary for each full year of your service in the unit, half a month for less than half a year, and one month for more than half a year and less than one year. That is to say, except in the case where the employer maintains or raises wages and you are still unwilling to sign the contract, the employer is required to pay you severance payments.

2) If the enterprise does not renew the contract in time after the expiration of the contract, and the enterprise does not renew and employ the employee in time within one month after the expiration of the contract, it needs to pay double wages for the part exceeding one month.

Hope it helps.

You can ask the company in writing to renew the term of the employment contract! If the company has not signed a contract with you by the end of the term, you can ask for compensation for not signing the labor contract! Of course, you wish the company didn't sign a contract with you, and the more months you don't sign a contract, the more compensation you get!

You can apply for labor arbitration directly at the Labor Arbitration Commission.

If you sign a contract with a human resources company, the human resources company is the employer, and the actual unit you work for is the employer. If the employment contract expires and the employer is unwilling to keep you to continue working, it can return you to the human resources company, and the human resources company will terminate the employment contract with you if it does not send you to work in another unit. If the employer terminates the employment contract, it must pay severance payments.

You have to ask the human resources company for financial compensation, of course, the money will ultimately have to be paid by the unit you actually work for, after all, you are creating value for the unit you actually work for.

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;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) 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 fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

(6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

(7) Other circumstances provided for by laws and administrative regulations.

Article 47 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 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.