Labor disputes, economic compensation issues, economic compensation for labor disputes, legal issues

If the company does not renew the contract, it needs to provide severance payment for 1 year and 1 month's salary (the salary standard is generally calculated based on the average salary of the past 12 months). The law does not stipulate that a contract must be renewed after two consecutive contracts.

1. At present, the Labor Contract Law does not stipulate that after signing two consecutive fixed contracts, the employer must renew the contract with the employee. The provision only stipulates that when both parties agree to renew the contract and the employee proposes to sign an indefinite contract, an indefinite contract shall be signed.

2. In the case you mentioned, the employer did not renew the employee's second fixed-term contract after the expiration of the employee's second fixed-term contract, which did not violate the Labor Contract Law at all.

3. When a labor contract is terminated (expiration), the employer shall make economic compensation according to the employee's working years, except in the case where the employer increases the labor remuneration and the employee still does not agree to renew the contract. Specifically, it is one month's salary for one year, and if it is less than one year, it will be counted as half a year, and if it is less than half a year, it will be counted as one year. The calculation time is calculated from January 1, 2008.

According to the relevant provisions of China's Labor Contract Law, if a worker has entered into two fixed-term labor contracts in a row, he or she has the right to request the conclusion of an indefinite-term labor contract, but if it is a faulty dismissal, he is not bound by this article.

You can negotiate with the labor arbitration department to settle the matter.

Legal analysis: According to the relevant provisions of the Labor Law and the Measures for Economic Compensation for Breach and Termination of Labor Contracts, the payment standard of economic compensation shall be given according to the different circumstances of breach or termination of the contract.

Legal basis: Civil Code of the People's Republic of China Article 502 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

In accordance with the provisions of the law and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, transfer, or termination of the contract.

This is a statutory reason for the termination of the employment relationship that the employer may take to avoid possible employment risks in the event that the employee maliciously fails to sign the labor contract with the employer. If the employee does not sign a contract with the employer within one month, the employer shall bear the legal responsibility of double wages for failing to sign the labor contract in time after one month, and at the same time bear the responsibility of paying economic compensation when exercising the right of termination. If the labor contract has not been signed for more than one year, it is deemed that both parties have signed an indefinite labor contract.

In this case, if the termination of the labor contract is involved, the first year's work shall of course be included in the calculation period of the payment of economic compensation.

The payment of compensation only happens when the contract is terminated, I wonder if that's what you are asking. In accordance with the relevant provisions of the Labor Contract Law, if the employee has concluded two fixed-term labor contracts in a row, and the employee does not renew the labor contract under the circumstances stipulated in Articles 39 and 40 of the Labor Contract Law, he or she shall sign an indefinite-term labor contract.

If you don't want to work when the contract expires, according to the relevant provisions of the Labor Contract Law, the employer should compensate you with one month's salary as economic compensation for every year of service.

1. Whether the severance payment is a labor dispute

If a dispute arises over severance payment, it is a labor dispute, and the employee may apply for labor arbitration to resolve the dispute over severance payment.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided for in this Law.

2. What are the statutory circumstances for the payment of severance payments?

1) The employer terminates the labor contract in violation of the law;

2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

3) The employer terminates the de facto employment relationship in advance;

4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the labor activist;

5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;

7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that the employee is unable to perform the original job or the work arranged by the employer;

8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;

9) The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;

10) The employer is on the verge of bankruptcy and has to lay off its employees and terminate the labor contract during the period of statutory rectification or serious difficulties in production and operation;

11) The employer goes bankrupt or dissolves during the term of the labor contract;

12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.

Through the above analysis, it is known that according to the provisions of the Labor Dispute Mediation and Arbitration Law, disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation are labor disputes, and if the negotiation fails, the employee can apply for labor arbitration to resolve the dispute.

Double wages without a written employment contract are calculated from the second month; You have already doubled, so you can only double it again, for a total of 2 months, a total of 2,000 yuan.

Without 30 days' notice, 1,000 yuan in lieu of notice.

Financial compensation of 500 yuan.

A 1-year contract has a probationary period of up to 2 months, and you can claim the same amount of compensation for the part.

The bonus of 800 yuan is also counted as the total salary.

The double salary without signing the contract is calculated from 30 years from the time of employment, that is, the first month of your double salary is only 4,000 yuan for 2 months, plus 1,000 yuan in the first month, your total salary is 5,000 yuan.

You should go to the Wuxi Labor Bureau to apply for labor arbitration, and the company you said will not recognize it.

You should be compensated in the same way as a regular employee.

Zhejiang lawyer Sun:

Generally, before the expiration of the employment contract, both parties will negotiate whether to renew the contract, and at that time, if the employer increases or maintains the remuneration and the employee does not accept it, the employer shall not be liable to pay compensation.

If the newly signed labor contract is the same as the original contract or the relevant benefits are increased, and the employee still does not agree to renew the contract, the employer does not need to pay economic compensation.

If the renewed contract unit lowers the standard of treatment, and the employee does not renew the contract, the employer must pay compensation.

That is to say, if your original employer is willing to maintain the employment relationship with your original remuneration or better remuneration and you do not agree, then the employer does not need compensation in this case.

For example, if your contract with the employer expires, you may want to renew the contract, but the terms of the contract have changed, and then you are not satisfied with the contract, so you don't want to sign the contract. If you do not agree to renew your contract, the employer does not need to pay you financial compensation.

The popular understanding is: the enterprise signs with you on conditions not lower than the previous contract, and if you don't sign, there will be no compensation!

If the employer lowers the terms and conditions of the labor contract, the employee may resign and claim economic compensation.