What should I do if the one year labor dispatch contract has expired, and I have not signed it after

First, you can ask for the renewal of the contract, and secondly, you can ask for financial compensation for the period of non-contract, which is usually twice the current salary. The Labor Contract Law stipulates that employees who have not signed a contract after one month of service may claim financial compensation.

If your labor dispatch contract has expired and you have not renewed it after working for half a year, according to the law, you can ask the labor dispatch company to sign a labor contract for you, and request to pay you twice the salary and terminate the labor contract, and issue relevant certificates.

The labor dispatch unit, that is, the employer, shall fulfill the obligations of the employer to the employee. In the case of a labor contract concluded between a labor dispatch unit and a dispatched worker, if the employer has not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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 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. If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

The employment contract is automatically renewed.

[Legal Analysis].

1. When the labor contract expires, the employer agrees to renew the labor dispatch contract and maintain or improve the terms and conditions of the labor contract, and if the employee does not agree to renew, the labor contract will be terminated and the employer will 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, 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.

[Legal basis].

Labor Contract Law of the People's Republic of China

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters stipulated in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and method of payment of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

1. If the employer does not sign a labor contract with the employee for more than one month, it shall pay the employee twice the monthly wage, and if the employer does not sign an indefinite labor contract with the employee for more than one year, it will also affect the employee's payment of twice the monthly wage, so you can ask the employer to pay you another time of the wage.

2.The employer shall pay the employee severance when terminating the labor contract, the standard of which shall be calculated according to the employee's years of service in the employer, and shall pay the employee one month's salary for each full year, and one year if the employee has completed six months but less than one year; If the employee does not pay for 6 months, he or she shall pay half a month's surplus salary to the worker as economic compensation. Therefore, you can receive financial compensation in accordance with the above provisions.

3.If the employer fails to perform the labor dispatch contract, you can file a complaint with the labor administrative department, or apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the court.

The above is the answer to the analysis of the consultant team for you, if you need help with the drafting of the contract, you can buy a model board or hire a lawyer**.

You can also contact customer service directly to solve the problem for you.

If the labor dispatch contract is not renewed upon expiration, the contract shall be terminated in accordance with the law, and the labor dispatch unit shall file a lawsuit for economic compensation, which shall be paid by the labor dispatch unit. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs. The assignment is completed and can not be renewed.

OneWhat should I do if the labor dispatch contract is not renewed upon expiration?

If the labor dispatch contract is not renewed upon expiration, the labor contract shall be terminated and economic compensation shall be given in accordance with the Luliang Qiao Law.

According to the provisions of the Labor Contract Law, the severance shall be paid by the labor dispatch unit.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer and the rate 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 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.

IIThe labor dispatch contract is signed for several years

The labor dispatch contract unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years.

It is reminded that the labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

IIITermination of the labor dispatch contract

Termination of the labor dispatch contract

1.The dispatched worker and the labor dispatch unit may terminate the labor contract if they reach an agreement through consultation;

2.The labor dispatch unit fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;

3.The labor dispatch unit fails to pay the labor remuneration in full and in a timely manner;

4.The labor dispatch unit fails to pay social insurance premiums for the dispatched workers in accordance with the law;

5.The rules and regulations of the labor dispatch unit violate the provisions of laws and regulations, and harm the rights and interests of the dispatched workers;

6.The labor dispatch unit uses fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions, resulting in the invalidity of the labor contract.

Summary. Hello, dear. We're happy to answer your <>

For the first time in the seven and a half years that you have been working at your company, you have signed a one-and-a-half-year contract in the form of labor dispatch. After that, you will sign an employment contract directly with the company and continue to work for the company. Labor relations can be established in the following ways:

1.Labor dispatch: The worker signs a labor dispatch contract with the employer, and the dispatching unit dispatches the worker to work for the employer for a certain period of time.

2.Direct employment: The employee and the employer directly sign a labor contract, and both parties agree on the labor relationship and various rights and interests.

According to your description, during the seven and a half years you have been working at the company, you initially signed a one-and-a-half-year contract in the form of labor dispatch, and later switched to signing a labor contract directly with the company. This transformation is in line with the provisions of the Labor Contract Law, and the way in which the employment relationship is established can be adjusted according to the actual situation.

I have been working in the company for 7 and a half years, the first time was a labor dispatch contract signed for 1 and a half years, and then the labor contract signed by the company itself.

Hello, dear brother. We're happy to answer your <>

For the first time in the seven and a half years that you have been working at your company, you have signed a one-and-a-half-year contract in the form of a simple pre-dispatch contract. After that, you will sign an employment contract directly with the company and continue to work for the company. Labor relations can be established in the following ways:

1.Labor dispatch: The worker signs a labor dispatch contract with the employer, and the dispatching unit dispatches the worker to work for the employer for a certain period of time.

2.Direct employment: The employee and the employer directly sign a labor contract, and both parties agree on the labor relationship and various rights and interests.

According to your description, during the seven and a half years you have been working at the company, you initially signed a one-and-a-half-year contract in the form of labor dispatch, and later switched to signing a labor contract directly with the company. This transformation is in line with the provisions of the Labor Contract Law, and the way in which the employment relationship is established can be adjusted according to the actual situation.

Dear, you can tell us about your specific situation, <>

So that I can be responsible for you.

If it is compensation, how should it be calculated.

If it is compensation, it is one month's salary for each full year of work.

However, the company said that the labor dispatch had nothing to do with the company and would not compensate.

Dear, what's the current situation? Dear, you can tell us about your specific situation, <>

So that I can be responsible for you.

I am sick, and now the company does not renew the contract, and negotiates with me to leave and negotiate compensation.

Oh, then at that time, you signed a labor contract with that party, whether it was signed with your original employer or the unit to which you were dispatched.

It is the unit that you signed for labor dispatch.

I don't even remember, I signed a contract in my unit, but the social security payment was printed by the labor company.

Dear, the social security payment printing is the labor company fighting stupid, this is normal, your social security air start and salary are given by the labor company. If you sign a contract with your employer and you are contracted by your current company, you will have one and a half years of service in the company.

That's seven and a half years.

Then I don't count this or not.

If your one-and-a-half-year contract is signed with your current employer, it will be counted.