Regarding the expiration of the labor contract, the company did not renew it with me

Hello! You should be given severance according to the number of years you have worked in the company.

It is based on the provisions of Article 46, Paragraph 5 and Article 47 of the New Labor Contract Law

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

5) Terminating a fixed-term labor contract 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; (Paragraph 1 of Article 44 refers to the termination of the labor contract upon expiration).

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.

That is to say:1If the contract is terminated upon expiration, if the employer maintains or improves the original treatment and wants to renew it with you and you do not agree, there will be no compensation; If the treatment is reduced or not renewed with you at all, there is compensation;

2.In the calculation of compensation, it should be noted that the first is calculated according to the number of years you have worked in the company, and the second is that the monthly wage standard refers to your average salary in the previous 12 months. This is not only the salary, but also various subsidies, allowances, bonuses, overtime pay, etc., so all the income should be added together and divided by 12 to get your average monthly salary, which should theoretically be higher than your actual monthly salary (unless you don't have additional income from bonuses, subsidies, holiday expenses, etc.).

In addition, it should be noted that the arbitration acceptance is time-sensitive, and you must file for arbitration within 2 months from the date of the dispute, otherwise it will not be accepted (the date of your dispute is the day after the expiration of the contract).

If the company dismisses you, then you can terminate the contract illegally and apply for arbitration.

According to Article 40 of the Beijing Provisions on Labor Contracts, before the expiration of the labor contract, the employer shall notify the employee in writing of its intention to terminate or renew the labor contract 30 days in advance, and go through the formalities for terminating or renewing the labor contract through negotiation.

If the employee is not notified 30 days in advance, the employee shall be compensated for each day of delay based on the average daily wage of the employee in the previous month.

The labor contract shall be renewed under any of the following circumstances: 1. Both parties agree to renew the labor contract through consultation; 2. Upon the expiration of the labor contract, if there are any of the circumstances under which the employer shall not terminate the contract, the labor contract shall be renewed until the corresponding circumstances disappear: (1) the worker engaged in work exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed medical treatment period; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.

If the company does not renew the contract, there is only one circumstance in which no severance is required: if the company maintains or improves the terms and conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the contract and terminates the labor contract, there will be no severance payment. In other cases, if the company does not renew the labor contract, the employee can demand the payment of severance payment, the payment method of severance payment:

the rate of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

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It can not be renewed, it is allowed by national law.

1. If the unit does not renew the visa, economic compensation is required. Second, if the employee does not renew, depending on the specific situation, it is subdivided into two situations: 1

If the employer maintains or improves the original working conditions, but the employee still does not renew the contract, no economic compensation will be paid. 2.If the employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

Upon the expiration of the labor contract, it is the autonomy of both parties to renew the labor contract, unless the employee proposes to conclude an indefinite labor contract as stipulated by law, and the employer shall agree to the conclusion of the labor contract. Upon the expiration of the labor contract, if the employee meets the requirements of Article 14 of the Labor Contract Law and the employee proposes to conclude an indefinite-term labor contract, and the employer shall conclude an indefinite-term labor contract, and the employee proposes to renew the contract, and the employer does not renew the contract to terminate the contract, it is an illegal termination of the labor contract, and according to Articles 48 and 87 of the Labor Contract Law, if the employee 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 has been informed, the employer shall pay compensation twice the amount of the severance payment. In other cases, it is the autonomy of both parties whether to renew or not.

However, if the employer does not renew the contract and terminates it, it shall be terminated in accordance with Article 46 of the Labor Contract Law.

Article 47 and Article 97 of the Ministry of Labor's Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309) stipulate that an employer shall pay one month's salary and economic compensation to the employee every year according to the employee's working years since January 1, 2008, and one year if the employee has completed six months but less than one year, and if he has less than half a year, he shall pay it half a year. The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

Article 14 of the Labor Contract Law stipulates that an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where a labor contract with a fixed term of fixed decay has been concluded for two consecutive periods, and the employee does not renew the labor contract without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. 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.