What should I do if I don t pay when the contract expires? What should I do if the other party does

The best way is to go to court to sue, but considering that if there is still the possibility of cooperation in the future, you can only ask diligently, and if there is news of the internal power, it is more effective to wait until the debtor is in a good mood to ask for it.

Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if an employee continues to work for the original employer after the expiration of the labor contract, and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions. Where one party proposes to terminate the labor relationship, the people's court shall support it.

Here, the judicial interpretation holds that the employment relationship is "terminated" (the contract naturally loses its validity when it expires) rather than "rescission" (the contract is no longer performed before the contract expires and becomes invalid), so both the employer and the employee can terminate the contract at any time, regardless of the provisions of the Labor Law regarding the termination of the labor contract (including the obligation to give 30 days' notice).

Of course, it stands to reason that notifying the employer in advance will show you to have more work ethic.

In addition, a de facto labor relationship without a labor contract is not an indefinite labor contract, and the Labor Law stipulates that only employees who have worked in an employer for 10 years or more have the right to request the signing of an indefinite labor contract. Due to space limitations, I will not elaborate on the legal concepts and rights and obligations of the parties to an indefinite term employment contract.

Supplementary reply: Article 20 of the Labor Law stipulates that the term of an employment contract is divided into a fixed term, an indefinite term and a term for the completion of a certain amount of work.

If an employee has worked for the same employer for more than 10 consecutive years, and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, the labor contract shall be concluded without an indefinite period.

The so-called indefinite term labor contract means that the labor contract does not have a fixed term, and the employer shall not terminate the contract unless the employee reaches the statutory retirement age (the employee resigns or the employer in accordance with Article 1 of the Labor Law).

Two. Ten. Five, twenty.

6. Except for the termination of the contract provided for in Article 27). This is a special protection for employees who have served the employer for a long time, so that the employee can avoid the loss of the employee who does not receive relevant compensation when the contract expires.

An appeal is the only option. If there are no loopholes in the contract in your hand, then go for an appeal, and in the end, the money for the lawsuit is paid by the losing party. If you don't pay if you win the case, you can apply to the court's enforcement division to enforce it.

If he doesn't pay, you can negotiate with him and make peace more important.

Communicate more, maybe people do have difficulties in doing business, and going to court is the last resort.

Legal analysis: The specific methods for the other party not to give money after the expiration of the contract are as follows:

1. Report to the labor administrative department. If the labor administrative department confirms that there is indeed a situation of deducting or arrears of wages for the employee without reason, it shall order the employer to pay the employee's wages and remuneration and economic compensation;

2. Apply for mediation to the labor dispute mediation committee of the unit. The labor dispute mediation committee is mainly composed of employee representatives, employer representatives and trade union representatives to ensure the fairness and neutrality of mediation;

3. If the mediation is unsuccessful, the worker may apply to the Labor Dispute Arbitration Committee for arbitration.

Legal basis: Article 581 of the Civil Code of the People's Republic of China If one of the parties fails to perform the debt or the performance of the debt does not conform to the provisions of the contract, and the performance cannot be compulsorily based on the nature of the debt, the other party may request it to bear the cost of substitution by a third party.

The law divides this difference: you can sue the other party, demand money and bear the liability for breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform on the mainland, taking remedial measures, or compensating for losses.

Article 578: Where one of the parties clearly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear the liability for breach of contract before the expiration of the performance period.

Legal analysis: The specific methods for the other party not to give money when the contract expires are as follows:

1. Report to the labor administrative department. If, after verification, the labor administrative department confirms that there is indeed a situation of deducting or defaulting on the wages of the employee without reason, it shall order the employer to pay the employee's wages and remuneration and economic compensation.

2. Apply to the labor dispute mediation committee of the unit for mediation. The Labor Dispute Mediation Committee is mainly composed of employee representatives, employer representatives and trade union representatives to ensure the fairness and neutrality of mediation.

3. If the mediation is unsuccessful, the worker may apply to the Labor Dispute Arbitration Commission for arbitration.

Legal basis: Article 579 of the Labor Law of the People's Republic of China If one of the parties fails to pay the price, remuneration, rent or interest, or fails to perform other monetary debts, the other party may request it to pay.

If there is no possibility of negotiation, the creditor can apply for arbitration or file a lawsuit with the people's court, and the creditor can also apply to the people's court for a payment order to require the other party to perform the debt. The statute of limitations for debt litigation is three years, and its starting time is the time when the time limit for debt performance expires.

OneWhat should I do if I don't repay my debts during the contract period

If the contract is due and the debts are not repaid, if it can be negotiated, it can be negotiated as much as possible, and if it is not possible to negotiate, it can be filed with the people's court in a timely manner within the statute of limitations, and if there are clues about the property of the other party, the court can provide an application for preservation. The creditor can also directly apply for a payment order, which is a legal document issued by the People's Court of Yan Tsai to the debtor for the payment of money or valuable money within a time limit according to the application of the creditor in accordance with the supervision procedures stipulated in the Civil Procedure Law, which is the best way to deal with civil and economic disputes with a clear creditor's rights and debts, but it can only be realized within 15 days from the date of receipt of the payment order by the debtor, and can only be realized without submitting a written objection to the court.

Two. How long is the statute of limitations for debts

The statute of limitations for debt is three years. Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

It is reminded that if the parties agree to perform the same debt in installments, the limitation period shall be calculated from the date of the expiration of the last period for performance.

IIIWhat to do if the debt payer is unable to pay

If the debtor is unable to repay, it can be resolved in the following ways:

1.The debt can be paid in installments with the consent of the creditor.

2.Creditors have the right to apply for enforcement. Article 236 of the Civil Procedure Law stipulates that the parties must perform on legally effective civil judgments and rulings.

If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

3.If it is a business, it is necessary to file for bankruptcy and go into bankruptcy liquidation. Bankruptcy refers to when all the assets of the debtor are not used to pay off the debts due, the creditor provides all the assets of the debtor for equal compensation through a certain procedure, so that the debtor is exempted from other debts that cannot be discharged, and the court declares bankruptcy and dissolves.

What should I do if I don't pay after signing the contract

After the contract is signed, if the other party fails to pay the amount of the date, as the non-breaching party, it may require the breaching party to pay liquidated damages in accordance with the contract and relevant legal provisions. In addition, if the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them. If the specific circumstances are buried, the parties are requested to verify and determine them on their own in accordance with the actual situation and relevant legal provisions.

Relevant legal provisions: Article 585 of the Civil Code of the People's Republic of China provides that the parties may stipulate that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

The relationship between buyers and sellers is very common in life, from the oral agreement of the sales contract for daily purchases, to the common written sales contract signed in the operation of the enterprise, the common dispute is that the sales contract has been signed and has not been paid, what should I do Generally speaking, the content of the contract will stipulate the payment time of the purchase and sale behavior, and if the payment is not made within the time limit, it is a breach of contract, and the breaching party can be required to bear the liability for breach of contract in accordance with the contract. If the buyer has not paid the money, the seller can sue the court for enforcement.

The above content is related, as long as the contract is signed, even if there is a problem with the quality, then the buyer should also make payment, but after the payment, then you can take the procedure of court proceedings, at this time you can collect the previous evidence, go to the court to file a lawsuit, and protect your legitimate rights and interests

Legal analysis: You can sue the other party, ask for money and bear the liability for breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly expresses that it is not willing to perform its contractual obligations or shows by its own conduct, the other party may request that it bear the liability for unbridled breach of contract before the expiration of the performance period.