The contract expires and the company does not renew it, and the compensation is a problem

Hello: 1. "Is this kind of contract legal?" "It should be legal. "The company will pay the salary directly into the personal account. "It is advisable to keep your salary card, which is a key piece of evidence to determine your salary and years of service.

2. "I agree to renew, and the new contract also does not indicate the specific salary, only the position; During this period, no documents were signed regarding the salary cut". If you want to "make up the difference in the salary for the year", you should say that it is true that you agree to renew the contract, but you do not agree to a salary reduction, and you should pay your salary according to the original salary. The difference is that it was to accept a "salary cut of 1,000 yuan" at that time.

It is estimated that the unit is unwilling to make up for you, so you can only apply for arbitration.

3. "The contract we signed stated that if the company does not renew the contract, 30 days' notice must be given. But now that there is only 7 days of notice, can the company be required to pay one month's wages in lieu of notice? "The 30-day advance here is different from the 30-day advance or payment in lieu of payment stipulated in the Labor Contract Law.

In your case, although there is only 7 days of notice, most of them will not support a month's payment. The contract is terminated in August: The employer pays you two months' severance payment.

The money in the company's deposit account should be counted as salary. There will also be a difference between the payable salary and the take-home wage, and the social security contribution paid by the employer on behalf of you. This money should also be included in your salary.

4. Negotiate when it expires, and if the negotiation fails, the return order will be obtained and then negotiated, and the negotiation will not be completed to apply for arbitration.

1. I think it's legitimate.

2. It can only be arbitrated.

3. The Labor Bureau will not support you in the so-called one-month notice payment you request.

4. The statute of limitations for arbitration is one year.

1. In the company, one month's salary will be compensated for one year each year, and it will be added in turn (the compensation salary is calculated as your average monthly salary for 12 months);

2. If it is more than one year to six months, it will be compensated according to one month's salary;

3. If it is less than six months, half a month's salary will be compensated.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.

Legal Analysis: Compensation based on the number of hours the employee has worked for the company:

1. In the company, the salary of one month of filial piety shall be compensated for one year each year, and it shall be added in turn (the compensation salary is calculated as the average monthly salary of 12 months);

2. If the manuscript is lost in one to six months, it will be compensated according to one month's salary;

3. If it is less than six months, half of the monthly salary will be compensated.

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.

Legal analysis: After the expiration of the contract, the two parties will negotiate whether to renew, for the contract that has been renewed, the company will not renew it when it expires again, and the employee needs to be compensated financially, and he will be paid ten months' salary according to the year he joined the company. If the company shirks its liability, the employee can bring the employment contract to apply for arbitration.

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

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.

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

After the expiration of the contract, if the employee does not meet the conditions for signing an indefinite term employment contract, the company may not renew it.

Since the responsibility for not renewing the contract lies with Mengheng Shed, which falls under the circumstances stipulated in Paragraph 5 of Article 46 of the Labor Contract Law, the company shall pay corresponding economic compensation according to the number of years the employee has been served.

That is, one month's salary for every year of work, and half a month's salary for less than six months.

The termination of the labor contract at the expiration of the contract is legal, and no economic compensation or compensation can be claimed.

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;

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

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.

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 with the employee through consultation;

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) 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;

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.

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 employee 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 Article 87 of this Law.

Summary. Hello dear, happy to answer your <>

How to compensate relatives if the company does not renew the contract after the expiration of the labor contract If the employer is unwilling to renew the labor contract after the expiration of the labor contract, it shall pay economic compensation to the employee.

How to compensate if the company does not renew the contract when the contract expires.

Dear, hello Ranbu, I'm happy to answer your <>

If the employer is unwilling to renew the labor contract after the expiration of the labor contract, the employer shall pay economic compensation to the employee.

Legal analysis: (1) If the unit does not renew the contract, economic compensation is required. (2) If the employee does not renew the visa, it depends on the specific situation, and it is subdivided into two situations:

1. If the unit maintains or improves the original labor cover group conditions, and the employee still does not renew the contract, no economic compensation will be made. 2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also make economic compensation. It is worth noting that the working conditions here are broadly defined and include wages but not only wages, such as working conditions, welfare levels, etc.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the circumstances not listed in the following circumstances: (5) Except for the situation 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 of the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law

1) The labor contract expires, (2) the employee begins to enjoy the basic pension insurance benefits in accordance with the law, (3) the employee dies, or is declared dead or missing by the people's court, (4) the employer is declared bankrupt in accordance with the law, (5) the employer has its business license revoked, is ordered to close down, or revoked, or the employer decides to dissolve ahead of schedule, and (6) other circumstances stipulated by laws and administrative regulations.