What should I do if the company dismisses me when my contract expires?

Updated on workplace 2024-06-03
2 answers
  1. Anonymous users2024-02-11

    When the contract expires, the company dismisses you, and you can temporarily look for a job while applying for an unemployment certificate and receiving unemployment insurance money.

    An unemployed person can enjoy unemployment insurance benefits if he or she meets the following conditions at the same time: he or she has participated in unemployment insurance according to the regulations, and the units and individuals to which he belongs have fulfilled the obligation to pay contributions for one year or more in accordance with the regulations.

    Interruption of employment not due to the person's will.

    Have been registered as unemployed and have a job search requirement.

  2. Anonymous users2024-02-10

    Legal Analysis: If the employer proposes not to renew the labor contract upon expiration, it shall pay the employee severance compensation. 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.

    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.

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

    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:

    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.

    Article 47 Economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service for the number of years he or she has been trapped in the unit. 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.

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