When the employment contract expires, what can the employer do to avoid the payment of economic comp

Upon the expiration of the labor contract, the employer avoids economic compensation as follows:

1.In accordance with Article 37 of the Labor Contract Law, the employee only needs to notify the employer three days in advance during the probationary period, and notify the employer in writing 30 days in advance after becoming a regular employee to go through the resignation procedures without compensation.

2.If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to pay compensation for terminating the labor contract;

3.If the employer renews the contract and the employee does not renew the contract, the employer does not need to pay compensation.

Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

When the labor contract expires, the employee shall be paid economic compensation in accordance with Article 1 of the Labor Contract Law. If you find some means to let employees be deceived, you may be able to avoid paying financial compensation, but the reputation of this employer will be greatly affected, and you are not afraid that you will not be able to recruit employees in the future. Therefore, it is still hoped that employers will treat their employees well.

Give what you deserve.

At the end of the contract, if it is not renewed, it is necessary to pay financial compensation, which is a legal obligation. Unless there is evidence to prove that the employee has seriously violated the rules and regulations of the employer, the labor contract may be terminated without paying economic compensation.

Hello. If the labor contract is terminated upon expiration and the contract is not renewed due to reasons not attributable to the employee, the employer shall pay the employee severance for terminating the contract. This is a provision of the law, it is not recommended to violate, if the unit exploits the legal loopholes, it is not impossible, but the impact on other employees is too great, and the impact on the company's working atmosphere is greater.

It is recommended that you consult a lawyer in person!

If the labor contract is terminated after the expiration of the term, does the employer still have to pay economic compensation? Termination at the end of the contract does not fall under the scope of economic compensation. According to Article 23 of the Labor Law, the labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the termination conditions agreed upon by the parties.

The employment relationship between the parties to the employment contract is also extinguished, and neither party has any obligations to the other party, and of course there is no need to make any payment. In addition, the provisions of Article 28 of the Labour Law on economic compensation do not cover the circumstances of Article 23. Article 44 of the Labor Contract Law [Termination of Labor Contract] 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 basic pension insurance benefits in accordance with the law; (3) The laborer 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, revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations. If you have more questions in this regard, welcome to consult the network, which provides professional legal consultation services, and a professional team of lawyers will answer your doubts.

Labor Contract Law of the People's Republic of China

Article 48.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee wants to sue his family for continued performance of 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 twice as much as provided for in Article 87 of this Law.

Legal Analysis: When a normal labor contract expires and the labor contract is terminated, the employer does not need to pay economic compensation to the employee.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee economic compensation:

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 for the fact that the employer maintains or raises 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.

Legal Analysis:1Severance 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. 2.The monthly wage of the worker is higher than that announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located.

Where an employee's average monthly salary in the previous year is three times the average monthly wage, the standard for paying severance compensation to him or her is three times the average monthly wage, and the maximum period for which severance is paid to him is not more than 12 years.

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 worker enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 3 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 48 of the Labor Contract Law of the People's Republic of China: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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. Article 87:

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 provided for in Article 47 of this Law. Article 25 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China: If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with Article 87 of the Labor Contract Law, no economic compensation shall be paid.

The calculation period of compensation shall be calculated from the date of employment. Note: According to the provisions of the Labor Law, the employment contract shall be terminated upon the expiration of the labor contract or when the conditions for termination of the labor contract agreed by the senior Wu congratulator appear, and the employer may not pay the employee severance payment.

The Opinions on Several Issues Concerning the Implementation of the Labor Law also stipulate that an indefinite-term labor contract shall not stipulate the statutory termination conditions as termination conditions, so as to avoid the employer's obligation to pay severance to the employee when the labor contract is terminated. Article 26, Paragraph 2 of the Labor Law stipulates that the condition that an employer may terminate an employment contract with an employee: "The employee is incompetent for the job, and the employee is still incompetent for the job after training or job adjustment" shall not be regarded as a condition for terminating the labor contract.

This circumvention of the termination condition stipulated by law is an invalid clause and has no legal effect. For example, when Xiao Liu was terminated after signing an indefinite contract with a company, the company demanded the termination of the employment contract and refused to pay compensation on the grounds that Xiao Liu was not qualified for the job. However, once an employee signs an indefinite labor contract with the employer, the labor contract cannot be terminated on the grounds that the employee is incompetent for the job, and can only be handled in accordance with the relevant provisions of the termination of the labor contract, and the employee compensation must be paid to the relatives.

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 following circumstances: (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 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.

If the employer takes the initiative not to renew the contract upon the expiration of the labor contract, the employer shall pay economic compensation.

If the labor contract expires and the employee takes the initiative not to renew the contract, the employer does not need to pay economic compensation.

If the labor contract expires and the employer renews the labor contract by reducing the working conditions agreed in the original labor contract (such as demotion and salary reduction) and the employee is unwilling to renew the contract, the employer shall pay economic compensation.

If the labor contract expires and the employer renews the contract by maintaining or improving the working conditions agreed in the original labor contract (maintaining or improving the employee's treatment) and the employee is unwilling to renew the contract, the employer does not need to pay severance payment.

Yes. Pursuant to Article 46(5) of the Labor Contract Law, if the employment contract is terminated upon expiration of the employment contract and the employer does not wish to continue to renew the employment contract with the employee, the employer shall pay severance to the employee.

Labor Contract Law: Article 45 (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 shall be terminated in accordance with the provisions on the expiration of the labor contract. Therefore, severance should be paid according to the regulations.

In general, there is no obligation to make compensation. There is also no relevant legal basis.

According to Article 39 of the Labor Contract Law, if an employee falls under any of the following circumstances, the employer may unilaterally terminate the labor contract without paying economic compensation.

Under what circumstances should an employer pay severance if it dissolves or terminates an employment contract?

If the employee is legally at fault, i.e., under Article 39 of the Labor Contract Law, the employer may unilaterally terminate the employment contract without paying severance payments.

Legal basis: Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

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) 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.