On the issue of contract expiration as renewal

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.

According to the law, it is possible to claim double the salary for 11 months and pay back the social security contributions for the period.

The civil contract is voluntary, and it is sufficient not to violate laws and regulations. 1. On the issue of termination of labor relations:

If the employer dismisses you, there are several factors such as whether the employer should give you financial compensation and how much financial compensation should be paid:

If a labor contract is signed, if the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, the employer may not pay economic compensation;

If the labor contract is signed, the employer shall terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, and the employer shall give you one and a half months of economic compensation;

If you sign an employment contract and the employer terminates your employment contract without cause, the employer shall give you three months' economic compensation.

If the two parties have not signed a labor contract and the employer terminates the labor relationship in accordance with Article 39 of the Labor Contract Law, the employer shall pay you 11 months of economic compensation;

If the labor contract is not signed, the employer shall terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, and the employer shall give you 12 and a half months of economic compensation;

If the employer terminates the labor contract without reason without signing the labor contract, the employer shall give you 14 months of economic compensation. 2. Social security and housing provident fund shall be paid until the termination of labor relations.

Interpretation of issues regarding the renewal of contracts when they expire.

How to renew the contract when it expires

1. If the labor contract expires and is renewed, the two parties may separately enter into a written labor contract or sign the Agreement on Renewal of the Labor Contract, which cannot be replaced by a unilateral notification letter.

2. If neither the company nor the individual employee proposes to renew the labor contract at the expiration of the term, but the individual employee is still working in the unit, the company not only needs to pay double the salary, but also has the risk of forming an indefinite labor contract with the employee after one year, and paying double the compensation for dismissal in the future.

If the contract expires and is not renewed, it is necessary to give one month's notice

The expiration of the contract, in layman's terms, is the situation where the labor contract expires and is not renewed. The term of the labor contract is agreed by both parties at the time of signing the labor contract, so the termination of the labor relationship between the two parties at the expiration of the contract is a manifestation of the will of both parties and is in line with the intention of both parties. Even if the parties later change their intentions and repent, they cannot change the agreement at that time, which is the basis for the existence of the contract.

Since both parties have agreed to terminate the labor contract upon expiration, and both parties have fulfilled the elimination content of the labor contract in accordance with the law, following the agreement of the labor contract is also the most fundamental reason for not establishing economic compensation.

In addition, the parties agreed on a termination date for the employment contract, indicating that both parties knew when the contract would be terminated, so this was to be expected. Both the employer and the employee can make preparations for themselves after the termination of the employment contract according to this situation, so there is no question of loss, and even if there is a loss, it is the negligence of the losing party and the failure to prepare for the relationship, and the loss shall be borne by itself.

Therefore, legally speaking, there is no need to notify the employer in writing one month in advance not to renew the contract upon the expiration of the contract. Of course, in order for both parties to better complete the handover work, it is best to notify in advance.

The provisions for the renewal of the contract upon expiration are as follows:

1. If the employer and the employee agree to renew the labor relationship upon the expiration of the labor contract, the labor contract shall be renewed in accordance with the law before the expiration of the labor contract.

2. If an employee suffers from an occupational disease or is injured at work and is confirmed to have reached the specified level of disability and requests to renew the labor contract, the enterprise shall renew the contract with him.

3. If an employee has worked in the enterprise for more than 10 consecutive years, if he or she requests to renew the indefinite-term labor contract when renewing the labor contract, the enterprise shall renew the indefinite-term labor contract with him.

4. After the expiration of the labor contract, if the enterprise does not want to renew the contract, but fails to go through the formalities of terminating the labor contract with the employee and forms a de facto labor relationship, it shall be deemed to have renewed the labor contract, and the enterprise shall renew the labor contract with the employee.

5. When an enterprise renews a labor contract with an employee, no matter what the term is, it shall not stipulate a probationary period.

What are the legal characteristics of an employment contract:

1. The subject of the labor contract is specific. One side is laborers, that is, Chinese, foreigners and stateless persons with labor rights and labor behavior; The other party is the employer, that is, the enterprise, individual economic organization, public institution, state organ, social organization and other employers that have the right and ability to use labor. The two parties have a subordinate relationship of domination and domination, leadership and obedience in the process of realizing labor;

2. The content of the labor contract has the unity and correspondence of labor rights and obligations. There is no one who only enjoys labor rights but does not perform labor obligations, and there is no one who only fulfills labor obligations but does not enjoy labor rights. The labor rights of one party are the labor obligations of the other and vice versa;

3. The object of the labor contract is singular, that is, the labor behavior;

4. The labor contract has the characteristics of promise, compensation and double contract. When the employee and the employer reach an agreement on the terms and conditions of the employment contract, the employment contract is established. Employers pay labor remuneration according to the quantity and quality of labor performed by employees, and cannot use labor without compensation.

Both the employee and the employer enjoy certain rights and fulfill the corresponding obligations;

5. Labor contracts often involve the material interests of a third party. The employment contract must have a social insurance clause, and at the same time, the parties to the employment contract can also clearly stipulate the relevant welfare clauses in the employment contract, and these clauses often involve the material benefits of a third party.

To sum up, an employment contract is the basic form of establishing an employment relationship. It is a common practice in all countries of the world to take the labor contract as the basic situation for the establishment of labor relations.

Legal basis]:

Article 82 of the Labor Contract Law of the People's Republic of China.

Legal Liability for Failure to Conclude a Written Labor Contract 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 labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the labor contract shall be concluded for an indefinite period.

Provisions on the renewal of the contract upon expiration: if the employer and the employee decide to renew the contract, they need to reach an agreement through consultation in accordance with the law and sign a written labor contract; If the employer decides not to renew the contract on its own initiative, it shall pay economic compensation to the employee; If the employee voluntarily decides not to renew the visa, the employer does not need to pay economic compensation to the employee.

Article 16 of the Labor Contract Law of the People's Republic of China A labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract. 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 worker terminates the labor contract in accordance with the provisions of Article 38 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; (7) Other circumstances provided for by laws and administrative regulations. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that the severance compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. If the ear is more than six months but less than one year, it shall be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.

Guess Kay.

Whether the contract can be automatically renewed after expiration depends on the situation. If the parties have agreed on the automatic continuation of the contract and the conditions for its continuation, the contract may be automatically renewed when the conditions are fulfilled or after the contract expires, which may be handled in accordance with the contract between the parties.

Legal basis]:According to Article 143 of the Civil Code, which came into force on January 1, 2021.

Civil juristic acts that meet the following conditions are valid:

1) The actor has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory stance mitigation provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 407 of the Civil Code.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

With regard to the renewal of the expiration of the contract, if there is an agreement between the parties when signing the contract, the agreement shall be followed. If the parties do not agree, both parties to the contract may renew the contract by notifying the other party orally or in writing within a reasonable period before the expiration of the contract. If the other party is willing to renew, the parties can continue the contract; If one party does not agree to renew, the contract will terminate upon the expiration of the same period.

Legal basis: A contract established in accordance with law under Article 502 of the Civil Code of the People's Republic of China shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

In accordance with the provisions of the law and the administrative law, if the modification, transfer, termination of the contract and other circumstances shall go through formalities such as approval of the contract, the provisions of the preceding paragraph shall apply.