Is there any compensation for not renewing the labor contract and working in the company for 2 years

Updated on society 2024-06-26
5 answers
  1. Anonymous users2024-02-12

    It is possible to apply for resignation, claim severance and claim double wages.

    In accordance with the Labor Contract Law

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    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.

  2. Anonymous users2024-02-11

    If you do not sign a contract after the contract expires, you will be paid twice the salary during your work. If the employer's practice is already illegal, you can file a complaint at the local labor station or apply for labor arbitration.

  3. Anonymous users2024-02-10

    Yes, it has nothing to do with whether the labor contract is signed or not.

  4. Anonymous users2024-02-09

    Double pay can be claimed. Article 44 of the Labor Contract Law stipulates that when an employment contract expires, the employment contract shall be terminated. If the employment relationship is not signed for more than one month, double wages shall be paid in accordance with Article 82.

    After the expiration of the labor contract, it is illegal for the employer to continue to work for one year without renewing the contract, and the employee has the following rights:

    1. In accordance with Article 82 of the Labor Contract Law and Article 7 of the Regulations for the Implementation of the Labor Contract Law, it is proposed that double wages be paid from the day after the employment of one month refers to the day before the expiration of one year, a total of 11 months.

    2. If the employer violates the mandatory provisions of Article 10 of the Labor Contract Law by failing to sign the contract for one month, and falls within the scope of Article 38 (6) of the Labor Contract Law, it may notify (inform) the employer in writing at any time to terminate the labor relationship, and request the payment of economic compensation in accordance with the provisions of Article 46 (1) and Article 37 of the Labor Contract Law.

  5. Anonymous users2024-02-08

    Legal analysis: If the labor contract expires and the employer does not renew the labor contract with the employee, it shall pay severance as one month's salary for one year of work; Among them, if the employee meets the requirements of Article 14 of the Labor Contract Law, he or she may request the renewal of the indefinite-term labor contract, and if the employer refuses to renew the indefinite-term labor contract, the employer shall pay the employee compensation, and the standard is two months' wages for one year of service. When the labor contract expires and the employee does not renew it, there is no severance payment.

    Unless the employee refuses to sign the contract on the grounds that the new employment contract provided by the employer has reduced the benefits, the employee shall be paid severance at the rate of one month's salary for one year of service.

    Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China 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 a worker 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 employee 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.

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