The employer does not renew the labor contract. How to deal with the employer s failure to renew the

One month's severance payment Article 46 Under any of the following circumstances, the employer shall pay severance to the employee: (5) The fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.

You can receive severance as follows: the number of years you have worked for the employer x your average salary in the last 12 months (based on the pay stub).

You can go to your local labor arbitration committee for consultation!

1 month of financial compensation for 1 year.

Legal analysis: If the factory does not renew the labor contract, the employee shall be paid severance for the termination of the labor contract, that is, the employee shall be paid one month's salary as economic compensation for every year of work. According to the provisions of the law, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China Articles 1 and 46 In any of the following circumstances, the employer shall pay economic compensation to the employee: Except in the case where the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

Although China's labor law requires that a labor contract must be signed between the employer and the employee, the establishment of the labor relationship between the two parties is not subject to the signing of the labor contract, but to the employment facts of the employer, that is, even if the employer does not renew the labor contract with the employee in time, as long as the employee is still actually working in the employer, the two parties still establish an employment relationship.

At the same time, in order to encourage the employer to conclude a written labor contract with the employee, the Labor Contract Law stipulates a number of legal liabilities for the employer not to conclude a labor contract with the employee, such as: if the employer fails to conclude a written labor contract with the employee for more than one month from the date of employment, it shall pay the employee twice the monthly wage; Another example is that if the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Generally speaking, the company should give 30 days' notice if the labor contract expires and does not renew it, otherwise it should pay a certain amount of money, which is generally a month's work slip and judgment fund. In addition, if the employer dissolves or terminates the labor contract with the employee, it shall issue a valid certificate of dissolution or termination of the labor relationship for the employee within 7 days from the date of dissolution or termination of the labor contract. Workers can directly go through the unemployment registration procedures and receive the relevant unemployment security money with valid supporting materials.

1. How to renew the labor contract.

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. If an enterprise renews a labor contract with an employee, no matter how long the term is, the probationary period shall not be agreed.

If the labor contract expires, the labor contract shall be terminated. 1.If the company maintains or raises the agreed conditions of the labor contract (salary, etc.) and renews the labor contract, and the employee does not agree to renew the labor contract and terminates the labor contract, there is no economic compensation.

2.If the company renews the labor contract by reducing the agreed conditions of the labor contract (salary and benefits, etc.), and the employee does not agree to renew the labor contract and terminates the labor contract, there will be economic compensation.

Legal basis] Article 46 of the Labor Contract Law stipulates that the employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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 quietly repents of terminating the labor contract in accordance with the provisions of paragraph 1 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) Terminating 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.