If the contract expires and the employment contract is not terminated, what will be the impact if we

1. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service; If the employee requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the labor contract illegally, the employer shall pay the employee compensation and pay 2 months' wages for 1 year of service;

2. If the employee does not renew the contract, there will be no severance unless the conditions agreed in the new labor contract provided by the employer are reduced.

Labor Contract Law

Article 14 An indefinite-term labor contract refers to a labor 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 two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed 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.

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;

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.

The contract is automatically contacted at the end of the contract period. It can be renewed or refused.

The contract is automatically terminated at the end of the contract period and does not affect your ability to enter into the contract.

The key is how long the contract expires before you find out that you have not gone through the relevant renewal procedures, for example, the contract expires on August 31, and there will be no complicated procedures before September 30, and if it takes a long time, it may involve the intervention of labor law enforcement. If the contract is not renewed and the de facto employment relationship is created, double wages will be paid, and there may be a labor dispute in which the other party refuses to sign the contract.

When the employment contract expires, the employment contract is terminated. There will be no repercussions if you renew your employment contract.

In accordance with the Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: If the employment contract is not renewed in time, the employer is required to pay double wages to the employee if it exceeds one month.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by not concluding an indefinite-term labor contract with a person who is blind to labor, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

If the company fails to renew the labor contract in time after the expiration of the labor contract, and continues to let the employee work in the company, and pays the original salary, it means that the company has recognized the signing of an indefinite labor contract with the employee, and the employer should sign the contract with the employee. During this period, the employer does not sign a contract in violation of the provisions of the Labor Contract Law, and shall pay twice the salary. The payment shall be calculated on the day after the expiration of one month from the date of employment.

The maximum length of time to be paid must not exceed 12 months. Therefore, it is possible to apply for labor arbitration and require the company to pay twice the wages for the period when the labor contract should have been signed but the labor contract was not signed.

1. How to write the renewal of the labor contract?

Upon the expiration of the term of the labor contract or the occurrence of other statutory or agreed termination conditions, either party requests to renew the labor contract, it shall issue a Notice of Renewal of Labor Contract to the other party 30 days in advance, and negotiate with the other party in a timely manner to renew the labor contract in accordance with the law.

If the main terms of the original labor contract have been significantly changed, the two parties shall renegotiate and sign a new labor contract; If the terms of the original employment contract have not changed much, the parties may sign an Agreement on Continuation of the Labor Contract, specifying the duration of the continuation of the employment contract and other terms of the contract that need to be redetermined.

After renewing the labor contract, the employer shall send the new labor contract or the Agreement on Continuation of the Labor Contract (attached to the original labor contract) signed by both parties in duplicate to the labor certification agency with jurisdiction for verification, and go through the social insurance renewal procedures with the social insurance agency.

2. What are the circumstances under which the labor contract will not be renewed after expiration?

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 employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated due to the expiration of the labor contract. Circumstances in which the labor contract is not renewed after the expiration of the labor contract:

1. If the company maintains or improves 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 lowers the conditions agreed in 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 will be economic compensation.

3. If the company and one or both of the employees do not renew the labor contract and terminate the labor contract, there shall be economic compensation.