When the contract expires and is terminated, is it reasonable to claim one month s salary?

This is unreasonable.

According to Article 46, Paragraph 5 of the Labor Contract Law, if the employer does not renew the labor contract upon expiration, it shall pay economic compensation in accordance with the standards stipulated in Article 47 of the Labor Contract Law. Depending on your situation, you can claim three and a half months' salary compensation from your employer.

As a reminder, the salary here refers to fixed salary, commission salary, bonus, subsidy, allowance, etc., that is, the actual salary paid every month.

Irrationality! The company notifies you one month in advance according to the regulations, and it is not necessary to pay you one month's salary, but the company circumvents the legal requirement to pay economic compensation, take a look at the labor contract 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) 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 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.

If the company does not renew the contract at the expiration of one year, it needs to pay the corresponding economic compensation according to the regulations, and the standard of compensation will be paid according to the salary of one month of work for one year; If the worker asks for an indefinite contract, he or she will be paid twice the amount of economic compensation.

1. Is there any compensation for the company not to renew the contract when the one-year contract expires?

If the employer proposes not to renew the visa, it shall pay the employee severance and pay one monthly 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;

Paragraph 2 of Article 14 of the Labor Contract Law stipulates that "an employer and an employee may enter into an indefinite term labor contract if they reach a consensus 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 reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee 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. ”

2. What is the process of renewing the labor contract when it expires?

After the expiration of the labor contract, the employee shall stop working, and the employer will stop paying the remuneration and benefits related to the employee.

If both parties agree to renew the labor contract, they shall complete the renewal procedures before the expiration of the contract, and if there are other reasonable reasons that cause the renewal procedures to be completed on time, the extension may be postponed, but the postponement shall not exceed n days after the expiration of the contract (as determined by the employer).

Liability for damages of the worker. If an employee violates the rules and regulations of the employer and the matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law. The employer may deduct the amount of compensation payable by the employee from the employee's monthly salary, and the amount deducted shall not exceed 20% of the employee's monthly salary, and the balance of the employee's monthly salary shall not be lower than the local minimum wage.

In summary, the employer must notify the employee in advance to renew the labor contract when it expires, and if the employee chooses not to renew it without fault of the employee, then it will bear the corresponding economic compensation, and the standard of compensation will be determined according to the number of years of service of the employee and the income from the work, so as to protect the rights and interests of the employee.

1. Compensation for dismissal of employees without expiration of the contract for several months

If the company dismisses an employee whose contract has not expired, the company shall pay the employee an economic compensation equivalent to one month's salary for each full year, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid according to the standard of one year.

The compensation should be made as follows:

Article 48 of the Labor Contract Law stipulates that 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.

Terminating an employee during the contract period should do the following:

1. If the labor contract is terminated by the employer upon the consensus of the labor parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service of the labor disturber, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid according to the standard of one year.

2. The employer shall bear the burden of proof for labor disputes arising from the employer's decision to remove, dismiss, dismiss, terminate the labor contract, reduce labor remuneration, calculate the employee's working years, etc. Therefore, although the employment contract is kept by the company's personnel, you don't have to worry too much.

3. Unemployed persons who meet the following conditions can receive unemployment insurance lead start-up money:

1) Participating in unemployment insurance in accordance with regulations, and the unit to which they belong and themselves have fulfilled their obligation to pay contributions in accordance with regulations for one year or more;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a job search request.

2. What legal consequences do Gonghuai Li Rusi need to bear for illegally dismissing employees?

Article 48 of the Labor Contract Law stipulates that 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 the labor contract. Where 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 of the Labor Contract Law 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 severance provided for in Article 47 of this Law.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, the employee may exercise the following two rights: first, to require the employer to continue to perform the labor contract; The second is to require the employer to pay compensation.

In response to the question of "compensation for dismissal of employees whose contracts do not expire for a few months", we can understand that the company will pay employees who dismiss employees whose contracts have not expired, and pay employees economic compensation equivalent to one month's salary for each full year, up to a maximum of 12 months, and pay compensation according to the standard of one year if the working time is less than one year.