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The contract will be automatically terminated when it expires, and as long as you don't sign the contract at that time, you can leave the job normally.
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The renewal does not say that it will be signed according to the content of the original contract, and you can improve the employment conditions. Unemployment insurance is paid by the employer to the social security department on time, and only a certificate of termination of labor relations is required from the employer.
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The contract will be automatically terminated when it expires, as long as you ask the company to terminate the contract at that time and there is no reason to refuse, the will on the original contract is not a mandatory item stipulated by law, as long as you do not sign the next contract, you can not recognize.
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1. Go through the resignation procedures in accordance with the procedures 2. If you don't handle it, the company has a way to rectify you, and in the end the gains outweigh the losses.
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According to reason, if you go to legal arbitration, the business fund will be settled, and you can get some compensation.
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Legal analysis: The establishment of an employment relationship with an employer, no matter how long the labor contract has not been signed, will not be converted into an employment relationship. If the employer does not sign an employment 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 employment contract.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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 pure labor relationship shall be established from the date of employment. 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 a labor contract with a fixed period of time.
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Legal analysis: There is compensation for the employer's failure to sign the labor contract when the contract expires. 1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year.
2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Legal basis: 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 Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law and agrees to terminate 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 employer does not agree to renew the labor contract, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.
1. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's 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; >>>More
If the labor contract expires and the company does not renew it, the employee can receive one month's salary for each year of the working life of the employer. >>>More
1) The expiration of the labor contract in August 07, both parties have not proposed to renew or terminate the contract, and have been working in the company until now, indicating that the labor relationship between you and the company is de facto and should be applied to the current labor contract law. >>>More
Upon the expiration of the labor contract, the employer avoids economic compensation as follows: >>>More
The re-signing of the labor contract during the labor contract period is valid and can be regarded as the termination of the original labor contract. >>>More