If the company does not renew the labor contract, how can it be compensated financially after it exp

1. Your situation belongs to the expiration and termination of the labor contract. According to the Labor Law, the employer shall pay economic compensation to the employee, 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. The standard of compensation is one month's salary for each full year of service for the worker.

You should be financially compensated for 2 months' salary in your case. The monthly salary referred to refers to your average salary for the 12 months prior to the termination of your contract (before 26 December 2008). 2. If the labor relationship has been established and a written labor contract is concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Your company will not conclude a contract for more than one month. Only if the employer has not concluded a written contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the salary. Therefore, the salary from the expiration of the contract to January 5, 2009 should be calculated according to the principle of equal pay for equal work, and the salary of your previous position.

It cannot be counted as a double.

If the labor contract expires and the company does not renew it, the company needs to pay severance to the employee. In addition, if the company does not notify the employee not to renew the contract 1 month before the expiration of the contract, it is also required to pay 1 month's wages in lieu of notice (i.e., 1 month's average salary).

First of all, the unit price of severance is the average monthly salary for the previous 12 months at the time of termination of the employment relationship, that is, the total salary of the 12 months plus all expenses such as allowances and year-end bonuses during the period divided by 12. At the same time, it should be noted that overtime pay, allowances, allowances, and year-end bonuses should all be counted in the total salary and are the amounts before insurance tax deductions are deducted.

Secondly, the compensation period: The maximum period of severance is 12 years, that is, if you work for a company for more than 12 years, you still only get 12 years of severance compensation. In this company, one month's unit salary is paid for every one year of service, the part that is less than one year after 6 months is calculated as one year, and the part that is less than 6 months is paid half a month's unit salary (after 08 years).

If your salary is very high, more than 3 times the average monthly salary of employees in your area in the previous year, you can only use 3 times as the upper limit.

Finally, if your years of employment span 08 years, you need to calculate the pre-08 years and after the 08 years separately. Before 08 years, the part of less than 1 year can be counted as 1 year, after 08 years, half a month's salary will be paid for less than 6 months, and 1 year will be calculated for 6 months and less than 1 year.

Pure hand fighting, hope!

1. In general, the monthly average company compensation of N+1 will be given.

2. There are other provisions for pregnant women and work-related injuries.

3. Both parties can propose to suspend the contract after the expiration of the time-limited contract.

According to the actual working years of the worker, one month is counted as one month, one month is counted within one year for more than half a year, one month is counted within eight years, and so on. For example, if A has worked for 3 years and 7 months, the severance should be calculated as 4 months; B has worked for 3 years and 5 months, and the severance is calculated on a monthly basis.

Severance payments are based on the average amount of wages payable over the last 12 months.

In the event of dismissal, severance payments are required.

You should be compensated one month's salary for each year of service you have worked for the company. The salary base is calculated based on your average earnings over the past year.

Legal Analysis: The employer must pay compensation if it does not renew the labor contract. Except for the case where the employer requests to renew the contract with the employee under the original conditions or better conditions after the expiration of the labor contract, but the employee does not have to make compensation, and the employer does not need to renew the contract in other cases.

Severance shall be paid to the worker according to the number of years of service in the employer 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.

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 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 contract in accordance with 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 monthly wage of a worker is three times higher than the average monthly wage of a sail worker in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Paragraph 5 of Article 46 of the Labor Law stipulates that an employer that terminates a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law shall pay economic compensation to the employee under probation, 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. 1. Economic compensation shall be paid to the worker according to the number of years of service 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 banquet shall pay the worker half a month's salary as economic compensation. 2. Severance = compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all the wages payable in the month, which is the number before deducting personal insurance and provident fund.)

3. There should be a year-end bonus.

Follow-up questions from the questioner.

The company only agreed to sign a fixed-term contract, and I asked for the compensation of the economic surplus not to renew or sign an indefinite period is legal; If the company agrees to negotiate not to renew the contract for economic compensation, can Zhengbo ask for the calculation of the year of employment, and the minimum amount of economic compensation can be claimed.

Legal analysis: If the factory does not renew the labor contract, the employee shall be paid severance for the termination of the labor contract, that is, the employee shall be paid one month's salary as economic compensation for every year of work. According to the provisions of the law, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China Articles 1 and 46 In any of the following circumstances, the employer shall pay economic compensation to the employee: Except in the case where the employer maintains or improves the terms and conditions of the labor contract and the employee 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.

Legal analysis: If the employer is unwilling to renew the labor contract after the expiration of the labor contract, it shall pay severance to the employee. The criteria are:

If you have worked for more than 6 months but less than 1 year, you will be paid 1 month's salary, and if you have worked for less than 6 months, you will be paid half a month's salary.

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 is 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 an agreement through negotiation.

1. If the company does not renew the labor contract after the expiration of the labor contract, the calculation standard of economic compensation is as follows:

1) Severance payment is based on the number of years the employee has worked in the company, and one month's salary is paid to the employee for each full year.

2) If the employee has worked for more than six months but less than one year, it shall be calculated according to the standard of one year.

3) If the employee has worked for less than six months, the employee shall be paid half a month's salary as economic compensation.

4) If the monthly salary of employees is three times higher than the average monthly salary of employees in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the company is located, economic compensation shall be paid according to the amount of three times the average monthly salary of the employee.

5) The calculation of severance is calculated according to the salary due to the employee and the average salary of the 12 months before the termination of the labor contract.

6) The maximum number of years for which economic compensation is paid to workers shall not exceed 12 years.

2. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

1. What should be paid attention to when renewing the labor contract?

Renewal of labor contract refers to the legal act of continuing to perform the rights and obligations of Naibi determined in the original contract without terminating the labor relationship between the enterprise and the employee after the expiration of the contract, with the full consent of both parties. The renewal of a labor contract is the same as the conclusion of a labor contract, and the principles of equality, voluntariness and consensus shall be adhered to, and the provisions of laws, regulations and rules shall not be violated.

Specifically, the following matters should be noted:

1. If the employer and the employee agree to renew the labor relationship upon the expiration of the labor contract, the labor contract shall be renewed in accordance with the law before the expiration of the labor contract.

2. If an employee suffers from an occupational disease or is injured at work and is confirmed to have reached the specified level of disability and requests to renew the labor contract, the enterprise shall renew the contract with him.

3. If an employee has worked in the enterprise for more than 10 consecutive years, and when renewing the labor contract, if he requests to renew the indefinite-term labor contract, the enterprise shall renew the indefinite-term labor contract with him.

4. After the expiration of the labor contract, if the enterprise does not want to renew the contract, but fails to go through the formalities of terminating the labor contract with the employee and forms a de facto labor relationship, it shall be deemed to have renewed the labor contract, and the enterprise shall renew the labor contract with the employee.

5. When an enterprise renews a labor contract with an employee, no matter what the term is, it shall not stipulate a probationary period.