Is there any provision in the Labor Contract Law on whether double wages will be paid if the employe

The Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if the employee continues to work for the original employer after the expiration of the labor contract, and the original employer does not raise any objection, it shall be deemed that both parties agree to continue to perform the labor contract under the original conditions.

After your contract with the company expires, the company does not renew the employment contract with you, but you still work for the company, in this case, even if the company does not renew the employment contract with you, the employment relationship between the two parties still exists, so you should still enjoy the salary and benefits agreed in the original contract.

In addition, the Labor Contract Law stipulates that 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. Therefore, the company should pay twice the salary according to the salary standard agreed in the original contract with you.

If the employee continues to work after the expiration of the labor contract, it shall be deemed that the contract continues to be performed (meaning that the contract has been renewed according to the original contract standard), and double wages shall not be paid. Only if the employment contract is not signed at the beginning, double wages can be paid according to the calculation of working hours, but such a matter must apply for labor (wage) arbitration.

Hello. After the termination of the first employment contract, the company did not notify you to renew the contract, nor did it notify you in writing that you would not sign the contract, and you were still at work normally. This means that you have signed an indefinite contract with the company, and you can only ask the company to count it as an indefinite contract, and you cannot ask the company to pay you double your salary.

If there is still a de facto employment relationship after the expiration of the contract, then you can claim double wages for the period of the de facto employment relationship.

The contract is terminated and you can leave.

The Company has no right or obligation to pay you.

Legal analysis: Whether the termination of the labor contract requires the payment of economic compensation to the employee depends on the specific situation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

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 worker in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation;

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

If the employer continues to employ the labor contract and fails to renew it after one month, it shall pay twice the salary from the day after the expiration of one month, up to a maximum of 11 months. Article 82 of the Labor Contract Law provides that 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.

Zhejiang Provincial High People's Court's First Civil Division "Answers to Several Difficult Questions Concerning the Trial of Labor Dispute Cases" (7. What are the legal consequences of the employer not entering into a written labor contract with the employee if the employee continues to work for more than one month after the expiration of the labor contract?) It is the legal obligation of the employer to sign a written labor contract, and the employer should regulate the employment. If the employee continues to work for the employer after the expiration of the labor contract, and the employer has not concluded a written labor contract with the employee for more than one month but less than one year, the employee's request for the employer to pay double the salary shall be supported.

If the employer has not concluded a written labor contract with the employee for more than one year, the verification draft shall be deemed to have concluded an indefinite labor contract between the two parties. Minutes of the Symposium on Several Issues Concerning the Trial of Labor and Personnel Dispute Cases (June 21, 2012) issued by the Guangdong Provincial Supreme People's Court and the Arbitration Commission (June 21, 2012) If the employee is still working for the original employer after the expiration of the labor contract and the two parties have not renewed the labor contract for more than one month, the employee's request for payment of double wages of the second Gao jujube in accordance with the provisions of Paragraph 1 of Article 82 of the Labor Contract Law shall be supported.

After the termination of the labor contract, the employer shall pay wages at the time of completion and handover. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

[Legal basis].Article 50 of the Labor Contract Law of the People's Republic of China 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 worker shall handle the work handover in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

Article 46, Paragraph 1, Item 5 of the Labor Contract Law stipulates that if a fixed-term labor contract is terminated upon expiration, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the terms and conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the contract. According to the provisions, if the employer agrees to renew the labor contract, and the employee does not agree to renew the labor contract, the labor contract shall be terminated and the employer shall not pay economic compensation to the employee. 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 to the employee; If the employer does not agree to renew, the employment contract will be terminated regardless of whether the employee agrees to renew the contract, and the employer shall pay economic compensation to the employee. Article 47 of the Labor Contract Law stipulates that:

Severance shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. If it is more than 6 months and less than 1 year, it will be calculated as 1 year; If it is less than 6 months, half a month's economic compensation shall be paid to the worker.

Answer: Paragraph 6 of Article 46 of the Labor Contract Law stipulates that if the labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law, the employer shall pay economic compensation to the employee. Article 44 of the Law on Labor and Marriage stipulates that a labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations. According to Article 46, Paragraph 6 of the Labor Contract Law, if the employment contract is terminated due to the "expiration of the employment contract", the dispersion employer is not required to pay economic compensation to the employee, let alone double the economic compensation. Therefore, this question is wrong.