If the contract is not renewed upon expiration, how should the actual employment relationship be det

Reality is confused. Dou signed a three-year labor contract with a real estate company. After the expiration of the three-year contract, the two parties did not renew the labor contract or go through the procedures for terminating the contract, and Dou still worked for the real estate company.

So how to determine the labor relationship in the future?

Lawyer answers. According to the relevant laws and regulations, after the termination or dissolution of the labor contract, the employer shall go through the formalities of terminating or dissolving the labor contract with the employee, and issue a certificate of termination or dissolution of the labor contract for the employee, which shall be used as a certificate for the employee to enjoy unemployment insurance benefits and job search registration in accordance with the regulations. If the employer is willing to continue the employment relationship with the employee, it should renew the contract.

If after the expiration of the contract, both parties have no objection to this, and everything is as usual, it shall be deemed that both parties continue to perform in accordance with the provisions of the labor contract by default. In this case, although Dou did not renew the contract with the company, if the two parties had no objection to the status quo, it was deemed that the two parties had renewed the contract.

Links to legal provisions. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I).

Article 16 After the expiration of the labor contract, if the worker still works for the original employer and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions. Where one party proposes to terminate the labor relationship, the people's court shall support it.

If you continue to work after the expiration of the employment contract without renewing the employment contract, this is an issue of "expired contract". "Expired contract" means that after the expiration of the labor contract, the employee is still working for the original employer, and the employer has not expressed any objection, and the existence of a de facto employment relationship between the employee and the original employer. Although the de facto labor relationship is flawed in the form of establishment, it is still an employment relationship and falls within the scope of adjustment of the labor law.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Labor Dispute Cases, if the employee still works for the original employer after the expiration of the labor contract, and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions. Where one party proposes to terminate the labor relationship, the people's court shall support it. According to Article 20 of the Labor Law, if an employer should sign an indefinite-term labor contract with an employee but fails to do so, the people's court may deem that there is an indefinite-term labor contract between the two parties, and determine the rights and obligations of both parties based on the original labor contract.

Double wages are calculated from the day after the contract expires and is not renewed for one month. According to Paragraph 2 of Article 6 of the Regulations for the Implementation of the Labor Contract Law, the starting date for an employer to pay twice the monthly salary to an employee is the day after the expiration of one month from the date of employment. 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 have agreed 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; Early collapse.

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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 16 of the Interpretation I of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that after the expiration of the labor contract, if the employee still works for the original employer and the original employer does not express any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions.

Where a party proposes to terminate the labor relationship, the people's court shall support it.

Legal basis: Interpretation I of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 16 The labor contract is the work of the original employer;

If the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions. Where one party proposes to terminate the labor relationship, the people's court shall support it.