How to compensate if the company s contract expires and is not renewed

If the labor contract expires and the labor contract is not renewed, the compensation is as follows:

1.When the employer renews the labor contract, the employer is required to pay compensation to the employee (one month's salary for each year of service).

2.If the employer does not renew the labor contract with an indefinite term, it is an illegal termination of the labor contract, and compensation needs to be paid to the employee (2 months' salary for each year of service).

3.If the employee does not renew the contract, the employer does not need to pay compensation, and the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, except where the employee does not agree to renew.

Labor Contract 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;

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) 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.

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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

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.

If it is a labor contract, if the employer does not agree to renew the labor contract, you will be paid one month's severance for the termination of the labor contract for each full year of your service in the employer, and if it is more than 6 months and less than one year, it will be calculated as one year, and if it is less than 6 months, it will be paid as half a month. The payment is based on your average salary before the termination of the employment contract.

Legal analysis: After the expiration of the contract, the two parties will negotiate whether to renew, for the contract that has been renewed, the company will not renew it when it expires again, and the employee needs to be compensated financially, and he will be paid ten months' salary according to the year he joined the company. If the company shirks its liability, the employee can bring the employment contract to apply for arbitration.

Legal basis: Labor Contract Law of the People's Republic of China

Article 44 The 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 the basic pension insurance benefits in accordance with the law;

3) The worker 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, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: 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.

If the company's contract expires and is not renewed, it needs to pay a certain amount of economic compensation. If the employer maintains or renews the labor contract for the purpose of improving the benefits of the labor contract, and the employee does not agree to renew the contract, the employee is not required to pay compensation. Severance is paid to the worker at the rate of one month's salary for each full year.

If 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 shall be paid at the amount of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years of Mingxiang.

[Legal basis].

Labor Contract Law of the People's Republic of China Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the number of years of service in the employer 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 the employee does not pay for six months, he shall pay the worker half a month's salary as economic compensation. 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" as used in this article refers to the average wage of an employee in the 12 months prior to the termination or dissolution of the labor contract.

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It is necessary to pay the workers a compensation for economic shortfalls, and pay one month's salary for each year, which is a total of six months' wages. The salary is based on your average salary for the 12 months prior to your departure. If the company does not pay, it can apply for labor arbitration for recovery, and if you need labor arbitration**, you can contact it.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances: (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 shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law (in any of the following circumstances, the labor contract shall be terminated (1) the contract shall be simplified upon the expiration of the labor contract);

In the company, one month's salary will be compensated for each year, and the compensation salary will be added up in turn (the compensation salary is calculated based on your average monthly salary for 12 months);

If it is more than one year to six months, it will be compensated according to one month's salary of Hongzhenchang;

If it is less than six months, half a month's salary will be compensated.

Summary. Hello, when the contract expires, the compensation for the non-renewal of the company is an economic compensation of one month's salary. The specific situation can be divided into the following:

1. If you propose to renew your visa and the company does not agree to renew, the company should pay you economic compensation; 2. If the company agrees to renew, but the treatment of the new contract is reduced, and you do not renew it on the grounds of reduced treatment, you should pay you economic compensation; The standard of compensation is two months' salary for one year of service. 3. If you do not agree to renew your visa, there will be no severance except in the case of Article 2.

When the contract expires, how can the company compensate if it is not renewed.

Hello, when the contract expires, the compensation for the non-renewal of the company is an economic compensation of one month's salary. The specific situation can be divided into the following types: 1. If the company does not agree to renew, the company should pay you economic compensation; 2. If the company agrees to renew, but the treatment of the new contract is reduced, and you do not renew it on the grounds of reduced treatment, you should pay you economic compensation; The standard of compensation is two months' salary for one year of service.

3. If you do not agree to renew your visa, there will be no severance except in the case of Article 2.

In accordance with Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 Paragraph 1 of Article 4 and Article 11 of this Law; (5) Except 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) 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.

Dear, why does the company not renew your visa?