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The new Labor Contract Law applies. Or a unit worker, as long as it is not more than a month.
If not notified in advance, there will be a compensation of wages. If you don't sign up, you'll be given one month's severance payment.
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.
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At present, it must be implemented in accordance with the new labor law. If he does not renew the contract, it must be the company's fault, you still have a de facto labor relationship, and he must bear your relevant social security. Today is the official expiration of the contract, and it cannot be said that he has delayed.
As you said, if the company does not renew your contract, he should give you one month's notice and pay you the next month's salary.
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If you have a de facto employment relationship with your employer since November 1, you must give 30 days' notice to terminate the employment relationship, otherwise you should pay an additional month's salary.
If the employer terminates the labor contract now, it must reach an agreement with you, otherwise, the employer shall bear the corresponding liability for compensation.
The employer does not have an employment contract with you, for which you can ask for double wages.
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Call ** and ask your local labor office.
I think the new labor law should be enforced.
If the contract is not renewed, the company should notify you in advance.
You also need to take the initiative to ask your manager or supervisor.
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Legal analysis: After the expiration of the employment contract, if the employee is unwilling to renew the contract, under normal circumstances, the employee should no longer ask the employer to pay compensation or economic compensation.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances:
A worker terminates a 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 raises the terms 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.
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1. The employer raises the terms and conditions of the original labor contract, but the employee refuses to renew it; 2. The employer maintains the terms and conditions of the original labor contract, but the employee refuses to renew the contract; 3. The employer lowers the conditions of the original labor contract, and the employee refuses to renew it; 4. The employer unilaterally refuses to renew the visa. In the case that the above-mentioned labor contract is not renewed upon expiration, according to Article 46 of the Labor Contract Law of Moxun, the above-mentioned article provides that if the employer raises or maintains the original labor contract and renews the contract with the employee, and the employee refuses, it is not required to pay severance payment. On the contrary, if the employer lowers the terms of the original employment contract, the employee is required to pay economic compensation if he refuses to renew the contract, and the employer unilaterally refuses to renew the contract, regardless of whether the employee agrees or not, the employee needs to pay economic compensation.
However, after the unit entered into two fixed-term labor contracts in a row, according to Article 14 of the Labor Contract Law, an indefinite-term labor contract should be signed for the third renewal. After signing a labor contract twice in a row, the second labor contract expires, and the employer has any of the above circumstances, it is deemed to have terminated the labor contract illegally.
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1. If the labor contract expires and fails to renew it, the employer shall re-sign the labor contract within one month or pay twice the monthly salary to the employee and pay the employee economic compensation.
2. According to Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish a labor relationship.
3. If a labor contract has been established and a written labor contract has not been concluded at the same time, Yingtong shall conclude a closed written labor contract within one month from the date of employment.
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1. If the unit does not renew the contract, it needs to be compensated for economic excavation. If the employer proposes not to renew the visa, it shall pay the employee severance and one month's salary for each full year. 2. If the employee does not renew the contract, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for the actual working time in accordance with the law.
Labor Contract Law
Article 46.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The employee 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) 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 Hu type labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.
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Legal analysis: 1. According to the provisions of the Labor Contract Leasing Bureau Law of the People's Republic of China: if the contract expires and is terminated naturally, and the employee requests to continue to sign it, the employer should sign it, and if the employer proposes not to renew the contract, the employee shall be paid economic compensation, and one month's salary shall be paid for one year of work; If the employee requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law of the People's Republic of China, and the employer refuses to renew the labor contract illegally, it shall pay the employee compensation 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 agreed in the new labor contract provided by the employer are reduced.
Legal basis: Article 87 of the Labor Contract Law of the People's Republic of China stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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Is there any compensation for not renewing the employment contract when it expires?
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When the labor contract expires, if the company does not renew it with you or provides you with lower labor treatment than the original contract, you can refuse, you should pay you severance payment, if you worked in the company before 08, the working years will be calculated from January 1, 08, and you will be compensated with one month's salary for each year of work. If you come to work in the company after 08 years, you will be compensated one month's salary for each year of work according to your actual working years.
When the employment contract expires and the company does not renew the contract with you, but you are still working for the company, the company should pay you double your salary from the second month. But be aware of the one-year statute of limitations.
If you voluntarily resign after the expiration of the employment contract, there is no severance payment.
When an employment contract expires, the law does not stipulate whether the company should give 30 days' notice, so the company only needs to notify the employee before the expiration date that the company is willing or unwilling to renew the employment contract, even if it does not have to pay the compensation 30 days in advance.
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An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.
Advantages of an indefinite-term employment contract.
With an indefinite labor contract, the employee can work in a unit or department for a long time. This type of contract is suitable for positions with strong job confidentiality, technical complexity, and the need to maintain personnel stability. For employers, this kind of contract is conducive to safeguarding their economic interests and reducing the losses caused by frequent replacement of key personnel in key positions.
It is also beneficial for workers to achieve long-term stable employment and to study business skills.
It is recommended that you sign an indefinite employment contract, which is beneficial to the employee, and if you want to change jobs, you can also submit a resignation report one month in advance.
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The company does this to prevent the employment contract between you and them from becoming an indefinite employment contract, and if you sign two fixed-term contracts in a row, it will become an indefinite employment contract.
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It's definitely not right for the company to do this. If you sign an employment contract for the third time, according to the Labor Law, the employer has no right to unilaterally terminate the employment without the consent of the employee, and if the employer unilaterally terminates the employment relationship, you can directly file a lawsuit with the labor arbitration department to request the employer to continue to perform the employment relationship or pay labor compensation. In general, the labor arbitration department will support the employee's claim.
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If you don't want to renew your contract, there will be no severance payment.
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This is normal, there is nothing wrong with it, as long as both parties agree to compensate in accordance with the labor law.
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Then terminate! It's terminated, and there is compensation to take! But generally only from 08 to the present.
Then it's better to find the company's illegal facts, speculate on the company, you can take n months n for years of service in the company, for example, 5 years, take 5 months.
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Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances: (5) The fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the conditions agreed in the labor contract and the employee does not agree to renew the labor contract.
In other words, if the employer does not renew the contract with you upon the expiration of the contract, the employer must pay you economic compensation. If the employer wants to renew the contract with you on the same terms (or higher) and you do not agree to renew, the employer is not required to pay you financial compensation.
Regarding the year-end bonus, there is no mandatory provision in the law. It is entirely up to the company to decide whether to give this year-end bonus or not.
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How much is written on your contract? Does Gongjiao Shanji give you less money than agreed in the contract?
If you do not renew your visa since you ascended to the shed, there is no compensation for it.
Whether the year-end bonus is issued or not, the unit has the final say.
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If you ask not to renew your contract, then there is no severance payment.
Lawyer Wei Feng.
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If you do not renew your visa, there is no economic compensation, except for the unit that lowers the renewal conditions.
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The opinion on the compensation for imitation is the same as above. As for the year-end bonus, if it belongs to the benefits stipulated in your labor accompaniment, then even if you leave the company, you can claim it to the company.
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Obviously, you don't want to go to work, and you want to get a year-end bonus, if the company has encountered you, then the company doesn't have to do it.
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Your thinking is: if you work less and get more money, if this is the case, will China still be strong?
The company can not renew the contract when it expires.,It seems that there is no compensation.。。
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1. The labor contract will not be renewed upon expiration, and there is no exception to the labor contract law for special types of work. If the contract is not renewed after the expiration of the contract, the employee can receive economic compensation, but there is one exception: the employer renews the contract with you under the condition of maintaining or improving the treatment, and the employee still does not agree to renew. >>>More