When the contract expires, the individual does not want to sign it, and the contract expires and doe

Updated on society 2024-05-03
9 answers
  1. Anonymous users2024-02-08

    1. If there is evidence, all the evidence can be returned [Article 6 of the Interim Provisions on Wage Payment only stipulates that the file shall be kept for 2 years, and it may only be for 2 years, except ......for the company with an IOULet's analyze the specific situation on a case-by-case basis

    2. Breaking the law, you can resign because the company overtime assignment work, arrears of overtime pay, etc.

    3. Directly find the local labor inspection brigade or lawyer or directly apply for labor arbitration.

    The above look at the Labor Contract Law, the Labor Dispute Mediation and Arbitration Law and other relevant laws.

  2. Anonymous users2024-02-07

    1. Overtime.

    Obviously, you are not paid enough by the company for working overtime. But if you don't have enough evidence, it's hard to get support for labor arbitration.

    According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

    There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

    In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

    If labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

    The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

    1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

    2. Article 44 of the Labor Law of the People's Republic of China.

    3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

    Second, you don't want to renew the labor contract.

    According to Article 1 of the Labor Contract Law, you have no financial compensation. However, if the employer has any of the circumstances stipulated in Article 38 of the Labor Contract Law, you may propose to terminate the employment contract and claim economic compensation in accordance with Article 46.

    My Space has the legal provisions mentioned above, which you can check out.

  3. Anonymous users2024-02-06

    You can be paid overtime, based on your actual salary. But only within a year.

    The company does break the law. If you don't sign the contract, the company will give you financial compensation.

    Negotiate directly with the company and make your intentions clear.

    Hire a lawyer to go.

  4. Anonymous users2024-02-05

    If the labor contract expires and the employee does not want to renew it, he or she may clearly refuse to renew it to the employer. If the employer maintains or raises the terms and conditions of the labor contract and renews the labor contract, and the employee still does not agree to renew the labor contract, the employer is not required to pay economic compensation.

    Article 46 of the Labor Contract Law of the People's Republic of China.

    In any of the following circumstances, the employer shall pay the employee an economic compensation of the acre:

    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 raises 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.

  5. Anonymous users2024-02-04

    If the employee does not want to renew the labor contract after the expiration of the labor contract, he or she may clearly refuse to renew it to the employer. If the employer maintains or improves the agreed conditions of the labor contract and renews the labor contract, but the employee still does not agree to renew the labor contract, the employer is not required to pay financial compensation. 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 employee terminates the labor contract of the simplified family 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) 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.

  6. Anonymous users2024-02-03

    Legal Analysis: If the employee does not want to renew the labor contract after it expires, he or she may clearly refuse to renew it to the employer. If the employer maintains or improves the agreed conditions of the labor contract and the employee still does not agree to renew the contract, the employer is not required to pay the economic compensation.

    Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China 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 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) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (Qidongzai) other circumstances stipulated by laws and administrative regulations.

  7. Anonymous users2024-02-02

    Hello dear, I've kept you waiting, I'm glad to serve you! If the employer and the employee do not renew the labor contract after the expiration of the labor contract and the employee continues to work, and in accordance with the requirements of the Labor Contract Law, if a written labor contract has not been concluded with the employee for more than one month but less than one year, the employee may request to be paid twice the monthly salary from the second month. If the employer unilaterally terminates the labor contract, if the employee is not at fault, the employer terminates the labor contract in violation of regulations and is required to pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law.

  8. Anonymous users2024-02-01

    Legal analysis: If the labor contract expires and the employee does not continue to renew the contract with the company, it can be filed on the day of the termination of the labor contract.

    Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China 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 employment model is declared bankrupt in accordance with the law;

    5) The business license of the employer has been revoked, the employer has been 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.

  9. Anonymous users2024-01-31

    Legal analysis: If the labor contract expires and the employee does not continue to renew the contract with the company, he or she can file a complaint on the day of the termination of the labor contract.

    Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China 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) The circumstances of returning potatoes to other countries as provided for by laws and administrative regulations.

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