The issue of contract expiration, how to deal with it after the contract expires

Compensation is payable for dismissal at the end of the contract.

Beijing News, November 6** When the labor contract expires, as long as the employer terminates the labor contract or the employer reduces the benefits agreed in the original contract, the employer must give compensation. Yesterday, Bai Lan, deputy director of the Labor and Wage Division of the Beijing Municipal Bureau of Labor and Social Security, was a guest on the city service management broadcast and gave a detailed interpretation of some provisions of the labor contract law. Question 1: Is it illegal to withhold an employment contract?

Regarding the practice of some units withholding the contract after signing the labor contract and not giving it to the employee, Bai Lan said that according to the regulations, the labor contract must be returned to the employee, and the employer and the employee must each have one. According to the regulations, the employer shall keep the text of the employment contract for at least two years after the employee leaves. At the same time, the labor and social security departments will also establish a labor employment filing system in the future to standardize the signing and performance of labor contracts.

Enterprises that seriously violate the "Labor Contract Law" will report their bad records to the society.

Question 2 How much severance should be paid?

Should the company pay severance pay when the contract expires? Bai Lan explained that when the employment contract expires, as long as the employer terminates the employment contract; or if the employer lowers the benefits agreed in the original contract, and the employee proposes to terminate the contract, compensation shall be given in both cases. As for the compensation rate, one month's salary is paid for each full year of service, starting from January 1, 2008.

The amount of wages refers to the total pre-tax income of the worker, not just the basic salary.

It is possible to claim financial compensation, which can be paid one month's salary.

The basis for the conclusion of the labor contract is that the two parties negotiate on an equal footing and sign it on the basis of consensus. Then, when the company proposes to terminate or transfer, both parties must negotiate, and if the agreement cannot be reached, the contract can only be terminated. If the company does not renew the visa, it may give 30 days' notice in advance and give corresponding economic compensation.

Legal analysis: After the expiration of the contract signed by the two parties, the validity is not protected by law, and it loses its original legal effect. Generally, the contract will have a validity period and a termination period, and the entry into force and termination of the contract shall be judged in accordance with the terms agreed in the contract.

Legal basis: Article 160 of the Civil Code of the People's Republic of China: Civil juristic acts may be accompanied by time limits, except where time limits must not be attached based on their nature. Civil juristic acts with a time limit for taking effect shall take effect at the end of the time limit.

Civil juristic acts with a time limit for termination shall become invalid upon the expiration of the time limit.

How to expire the contract: If the parties need to renew the contract, the parties can renew the contract by expressly renewing the contract, or continue to perform the relevant obligations without making an indication. If both parties are unwilling to renew the contract, they may terminate the contract through negotiation before the expiration of the contract term.

[Legal basis].Article 557 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the creditor's rights and debts shall be terminated:

a) the debt has been fulfilled;

2) Debts are set off against each other;

3) the debtor deposits the subject matter in accordance with law;

4) Creditors forgive debts;

5) Creditor's rights and debts are attributed to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

Legal analysis: 1. The contract expires on October 1, and the labor contract is terminated after expiration.

2. If the labor contract has not expired, and the labor and management parties have reached a consensus through consultation, the labor and management unilaterally propose that the labor contract can be terminated, but there is no economic compensation. (Translated into the vernacular: no financial compensation for self-resignation.) ）

3. When the labor contract expires, the labor contract will be automatically terminated, and there is no need to submit a resignation application.

4. If the labor contract expires and the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, but does not agree to renew the labor contract, then the employer is not required to pay the compensation for economic replenishment; (Translated into the vernacular: the unit said to maintain the current salary level, or even give a salary increase, and asked if it was renewed, and if it was not renewed, there would be no economic compensation.) In other cases, the employer has to pay economic compensation, one month's salary for one year of work, half a year for less than half a year, and one year for more than half a year and less than one year).

5. The unit is very optimistic and will renew the contract, but does not want to continue to do it. In this case, it is difficult for the employer to claim financial compensation unless the employer finds other conclusive evidence of illegal acts.

6. Economic loss or liquidated damages? Is there a non-compete agreement signed with the employer? Or a trade secret agreement?

Professional technical training agreement? If not, rest assured, even if you resign, the employer will not dare to let you bear the liquidated damages. In the case of compensation, as long as there is no major fault and no direct loss is caused to the unit, the employer cannot claim compensation.

Moreover, the last month's salary cannot be withheld, otherwise, it can be reported to the local labor inspection department.

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 shall be 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 employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: In the event that the contract is not renewed upon expiration, the employee may request the employer to pay compensation, 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 contract.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China Upon the expiration of the labor contract, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract.

The way to deal with contract expiration is to:

1. If the contract expires and is renewed, it shall continue to be performed in accordance with the contract;

2. If the employer maintains or improves the conditions of the labor contract to renew the labor contract, and the employee does not agree to renew the labor contract, he is not required to pay economic compensation;

3. In addition to the above-mentioned circumstances, the employer shall pay economic compensation to the employee.

Labor Contract Law of the People's Republic of China

Article 46.

Under any of the following circumstances, the employer shall pay the employee Gao Wuhe 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) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the labor contract with a fixed period of affiliation 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.

There are generally two types of quarrels when a contract expires, namely: contract termination and contract renewal. 1. Termination of the contract.

The contract is terminated because the purpose of the contract has been achieved or the parties to the contract believe that the cooperation during the contract period is not satisfactory or other reasons. Of course, the contractual rights and obligations between the parties to the contract are also terminated. 2. Contract Renewal.

Upon the expiration of the contract term agreed by the parties to the contract, the two parties agree to renew the contract based on the previous cooperation and exchange. This type of renewal is more common in the employment contract, where the employer is satisfied with the employee's performance during the contract period and chooses to continue to sign the employment contract. In addition, it is common to renew contracts in lease contracts, especially in housing lease contracts.

Legal basis: Civil Code of the People's Republic of China Article 565 Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice.

If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination. If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.