Can the labor contract be re signed if it is not renewed when it expires?

If the labor contract is not renewed upon expiration, the contract cannot be re-signed.

If the employer proposes not to renew the labor contract with the employee upon the expiration of the labor contract, the employer shall pay the employee severance according to the wage rate of one month for each full year. If the employee meets the conditions of signing an indefinite-term labor contract, and the employer refuses to renew the contract, it is illegal to terminate the contract, and the employee shall be paid compensation at the rate of 2 months' salary for every 1 year of service.

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 stipulated in the new labor contract provided by the employer are increased.

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.

What should I do if the company does not renew the employment contract after it expires?

If the labor contract is not renewed upon expiration, the contract cannot be re-signed. If the employer proposes not to renew the labor contract with the employee upon the expiration of the labor contract, the employer shall pay the employee severance according to the wage rate of one month for each full year. If the employee meets the conditions of signing an indefinite-term labor contract, the employer's refusal to renew the contract is an illegal termination, and the employee shall be compensated at the rate of 2 months' salary for every 1 year of service.

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 for disorderly skinning, and pay 2 months' salary for 1 year of service; 2. If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new labor contract provided by the employer are increased.

If the labor contract is not renewed upon expiration, the contract cannot be re-signed. If the employer proposes not to renew the labor contract with the employee upon the expiration of the labor contract, the employer shall pay the employee severance according to the wage rate of one month for each full year. If the employee meets the conditions of signing an indefinite-term labor contract, the employer's refusal to renew the contract is an illegal termination, and the employee shall be compensated at the rate of 2 months' salary for every 1 year of service.

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 for disorderly skinning, and pay 2 months' salary for 1 year of service; 2. If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new labor contract provided by the employer are increased.