The contract expired and was not renewed, continued to work, and then was suddenly told to be dismis

1. According to 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. Based on this, you can claim a salary of $12,000 for 5 months.

2. It is illegal for the company to terminate the labor relationship without legal reasons, and it may require the employer to pay compensation to the employee in accordance with the provisions of Article 87 of the Labor Contract Law, in accordance with the provisions of Article 47 of the Labor Contract Law. Article 46 stipulates that one month's salary shall be paid as severance for each year of service. That is, the salary for five and a half months is 12,000 yuan.

3. Negotiate with the unit in accordance with the law, if the unit refuses to pay, the easiest way is to complain to the local labor law enforcement inspection brigade in accordance with the "Labor Security Supervision Regulations", and they will supervise and inspect according to law and order correction.

4. If not, in accordance with the provisions of Article 30 of the Labor Contract Law, the local people's court may apply for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

5. If you can't do it, you can only apply for labor arbitration (no fees, no lawyers) to the local labor administrative department, and claim compensation from the company through the award issued by labor arbitration, if you still can't pay compensation, you can apply to the court for enforcement.

6. Through arbitration, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law. That is, pay 12,000 to 24,000 yuan.

The total amount of the appeal is: 36,000 to 48,000 yuan.

7. According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings and Article 6 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the main responsibility for the presentation of evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you do not have to worry.

If you can ask for economic compensation, the employer cannot unilaterally terminate the labor contract without reason, even if you do not sign the contract later, but in order to constitute a de facto labor relationship, you can call the labor bureau for consultation (this is very useful, you can talk about your situation in detail and listen to their opinions). If you need a new labor code, hi me, I have an electronic document here.

The following amounts are supported.

Double wages from January to June 09. 5 * 2400 = 120002, because the company has not renewed, you should be paid economic compensation equivalent to 2 months' salary. 2*2400=4800

3. The above requirements can be submitted to the labor arbitration commission.

According to the new Labor Law, Article 82 of Chapter VII 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.

As you said, if you do not sign a contract after the expiration of January 09, if you meet the above terms, you can be compensated for 5 months' salary, 12,000 yuan, sue him to go,,, apply for arbitration first, if not, file a civil lawsuit.

This can be sued by the company, but it must be submitted to the labor arbitration commission first, and it must be time-bound and time-limited.

Economic compensation should be provided: First, if a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage. In other words, the company should give you double your salary from January '09 to June '09.

If you work with the company from March 07 to 09 because the company has not renewed your visa, you should be paid severance equivalent to 2 months' salary. 2*2400=4800

Hurry up, or the statute of limitations will pass, and it will be troublesome.

You can sue him! But how much I want to accompany you, I don't quite know. I think you'll win the case!

You don't have a contract, how can you say that?

If you can ask for economic compensation, the employer cannot unilaterally terminate the labor contract without reason, even if you do not sign the contract later, but in order to constitute a de facto labor relationship, you can call the labor bureau for consultation (this is very useful, you can talk about your situation in detail and listen to their opinions). If you need a new labor code, hi me, I have an electronic document here.

The financial compensation you are entitled to is as follows:

The severance payment equivalent to one month's salary shall be paid for each full year of service in the previous year, and the part of the less than one year shall be calculated as one year, and the monthly wage mentioned here shall be based on the average wage of the employee in the 12 months prior to the termination of the labor relationship, and the maximum shall not exceed 12 months. (i.e. one month's salary).

After the year of the year, the severance equivalent to one month's salary shall be paid for each year of service, half a month's salary shall be paid for less than 6 months, and the part of more than 6 months and less than one year shall be calculated as one year, and the monthly wage mentioned here shall be based on the average wage of the employee in the 12 months before the termination of labor relations; If the average salary is 3 times higher than the local average wage, only 3 times the average salary will be used as the base, and the maximum shall not exceed 12 months. (Are you still at work in July?) If you don't pay for it, you will get a monthly salary, and if you don't pay for it, you will get a 2-month salary).

3.If there is no one month's notice, the employer is required to pay one month's salary in lieu of notice4What is the reason for dismissing you?

In case of illegal termination of the contract, 1,2 items are doubled.

5.Illegal non-signing of the contract, double salary per month from February 09. (i.e. 4 months' salary).

Legal analysis: If the contract expires and continues to work without renewing it, it is illegal to be dismissed, and the employee can claim compensation. If the employer proposes not to renew the contract, the employee will continue to work in the employer, and if it exceeds one month, the employer shall pay the employee double the salary.

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

Article 82 Where 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.

Article 47 Slag and celery Severance Compensation shall be paid to the worker according to the number of years he has worked in the unit 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.

Legal Analysis: Not Legal.

1. After the expiration of the labor contract, if the enterprise does not sign a labor contract with the employee, it shall be deemed that the labor contract has been signed for an indefinite period, and the labor treatment standard shall not be lower than the original contract treatment, and if it is lower than the original treatment, the worker can choose to request the enterprise to increase or terminate the labor contract.

2. If the employer terminates the labor contract with the employee, it shall terminate the labor contract with the employee by giving one month's written notice or issuing the equivalent of one month's economic compensation.

3. The employer shall pay social insurance for the employee, and if the labor contract is terminated due to failure to pay, the employer shall pay double the economic compensation.

4. According to your current situation, it is best to report to the local labor inspection department first, and at the same time keep the original labor contract, as well as evidence that can prove the existence of labor relations between you and the enterprise, such as work number plates, work clothes, salary slips, attendance records, etc. On the basis of the above-mentioned evidence, you can also directly file an application for arbitration with the labor department, and if you are not satisfied with the arbitration result, you can also file a lawsuit with the local people's court.

If an employer dismisses an employee in violation of the law, it shall compensate the employee for economic losses.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.