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Hello, baihe724. First of all, I can clearly tell you that when the labor contract expires, the company will also have economic compensation for the employee if the fixed-term labor contract is terminated. Therefore, the company should pay you 4 months' severance for the termination of the employment contract.
1. According to Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances:
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;
2. According to Article 44 of the Labor Contract Law, the labor contract shall be terminated under any of the following circumstances:
1) The term of the labor contract has expired;
I would like to ask me to tell me the start and end dates of the 3 employment contracts you have concluded, such as the start and end dates of the first employment contract: . Because my guess is correct, the company should pay you more. I'm sure I can give you one based on your actual situation, you see.
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Two and a half months' salary, the length of service before 08 years is not counted. The monthly salary is up to three times the local average salary.
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If the contract expires and is not renewed with you, it is not a breach of contract, and he does not have to pay you money, unless you continue to work for him after the expiration, which is a breach of contract.
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1. Is there any compensation for dismissal after the expiration of the labor contract?
1. If the labor contract expires and the employer does not renew it, it shall pay severance payment; If an employee proposes to conclude an indefinite labor contract by law, and the employer refuses to renew it, it shall pay compensation. Upon the expiration of the labor contract, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. The termination of the labor contract of a worker who has lost or partially lost the ability to work shall be carried out in accordance with the relevant provisions of the state on work-related injury insurance.
2. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) 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;
3) Other circumstances provided for by laws and administrative regulations.
2. What materials are required to sign the labor contract?
The materials required to sign the labor contract are as follows:
1. A copy of ID card;
2. A photocopy of academic certificate;
3. A copy of the relevant qualification certificate;
4. Two one-inch blue backgrounds;
5. If you have resigned before, you may also need to apply for a resignation certificate.
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Legal Analysis: If the labor contract is terminated upon expiration and there is no need to dismiss or the contract is not renewed, the employer shall pay economic compensation, except for the case where the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, unless the employee does not agree to renew. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.
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.
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Legal analysis: If the labor contract expires and the employer does not renew it, it shall pay economic compensation; If an employee proposes to conclude an indefinite labor contract by law, and the employer refuses to renew it, it shall pay compensation.
Legal basis: Labor Contract Law of the People's Republic of China
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 worker 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 the provisions of Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
The company can not renew the contract when it expires.,It seems that there is no compensation.。。
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