If the two year contract expires and is not renewed, how much will be compensated? The expiration da

Is it the employee who does not renew the visa or the employer who does not renew the visa?

If the employee proposes not to renew the contract, it is necessary to distinguish the circumstances, such as if the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, and the employee does not agree to renew the contract, the employee cannot request the payment of severance payment; If the employer lowers the working conditions and the employee is not easy to renew, the employee may request the payment of severance payment.

If the employer proposes not to renew the visa, the employee shall be paid severance according to the number of years of service, and after two years of service, he can get two months' salary.

Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances: (5) the fixed-term labor contract shall be 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 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

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.

So the company needs to pay two months of financial compensation.

Whether there is compensation for not renewing the 2-year contract at the end of the contract generally depends on the circumstances:

1. If the unit does not renew, economic compensation is required;

2. If the employee does not renew the contract, it depends on the specific situation and is subdivided into: if the unit maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be paid; If the employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

Severance shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. If it has been unknown for more than 6 months for 1 year, it will be counted as 1 year; If it is less than 6 months, the worker Shiliang shall be paid half a month's salary as economic compensation. The monthly wage of the worker is 3 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 paid to them shall be three times the average monthly salary of the employee; The maximum number of years for which severance is paid shall not exceed 12 years.

Legal basisArticle 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) 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 terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

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;

6) Termination of 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.

Legal analysis: If the contract is not renewed upon expiration, the employee can apply to the employer for economic compensation according to the specific situation. If the employee voluntarily resigns due to the fault of the employer, such as failing to pay the labor remuneration in full and in a timely manner, failing to pay social insurance premiums for the employee in accordance with the law, etc., the employer shall pay economic compensation to the employee.

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

Article 38 Where an employer falls under any of the circumstances, the employee may terminate the labor contract

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employer may terminate the labor contract immediately before employment without prior notice to the employer.

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

1) The worker 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 terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

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;

6) Termination of 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.