Can an employment contract be automatically terminated when it expires Details 0 3

Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Can the employment contract be automatically terminated upon expiration Ms. Wang signed a one-year employment contract with her employer on April 1, 2003, and the expiration date of the contract was April 30, 2004. Both parties performed smoothly during the contract. On 30 April 2004, Ms. Wang's supervisor informed Ms. Wang that the employment contract between her and the Company had expired and that the Company would no longer consider continuing to maintain the employment contract relationship with Ms. Wang, and issued Ms. Wang a notice of termination of the employment contract issued by the Company, which was also dated 30 April 2004.

The supervisor also clearly told Ms. Wang that the company was not prepared to make any compensation to Ms. Wang because the contract was terminated normally. Ms. Wang was dissatisfied with the company's behavior and consulted. Ms. Tang works for a foreign company.

The original employment contract with the company was for a period of one year, from April 21, 2002 to April 20, 2003. During the contract, the performance of both parties was relatively smooth. After the expiration, the two parties continued to maintain the employment relationship in accordance with the original contract, but the two parties did not sign another labor contract.

In June 2003, Ms. Tang had a dispute with her immediate supervisor of the company, which caused dissatisfaction among the supervisors. On June 8, the company's personnel department informed Ms. Tang that the labor contract between the two parties had expired and the company had no intention of maintaining the labor contract relationship with Ms. Tang, so it notified Ms. Tang to carry out the handover of work on the same day, and asked Ms. Tang not to go to work in the company from now on, and clearly informed Ms. Tang that since the labor contract had expired, it would not pay her any economic compensation. Miss Tang was furious.

An enterprise may not terminate an employment contract on the grounds that the contract has expired. The enterprise shall pay the employee the full remuneration for the work during this period in accordance with the labor contract, and shall not terminate the labor contract with the employee in accordance with Articles 40 and 41 of the Labor Contract Law.

Legal analysis: The employment contract shall be terminated upon the expiration of the employment contract or the occurrence of the termination conditions agreed upon by the parties. The Labor Law of the People's Republic of China stipulates two situations for the termination of an employment contract:

First, the labor contract will be terminated upon the expiration of the labor contract term, which is mainly for labor contracts with a fixed term and labor contracts with a period of completion of a certain amount of work; Second, the conditions for the termination of the contract agreed by the parties arise and the labor contract is terminated, which applies to both the labor contract with a fixed term and the completion of a certain amount of work, and the labor contract without a fixed term, and such termination of the labor contract is an agreed termination. When the term of the employment contract expires during the period of medical treatment, pregnancy, childbirth and lactation, the term of the employment contract shall be automatically extended until the expiration of the medical period, pregnancy, childbirth and lactation.

The termination of the labor contract means that the labor rights and obligations determined by the parties to the labor contract through negotiation have ended, and the employer shall go through the relevant procedures for terminating the labor contract in accordance with the law.

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 a consensus through consultation.

If the labor contract expires, the labor relationship will be terminated, but in any of the following circumstances, the labor contract shall be renewed until the corresponding circumstances disappear:

Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is in the period of diagnosis or medical observation;

Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work.

After the expiration of the labor contract, of course, it is automatically terminated and the loss is lost. That is, the contract between the two of you has been fulfilled. At this time, the company can ask you to continue to sign a new labor contract with you, or terminate the labor relationship with you.

At this time, you can go out and find a job on your own.

The employment contract will be automatically terminated upon expiration. After the expiration of the labor contract, there is no need to make a corresponding expression of intent for the termination of the contract itself. The contract expires naturally.

It should be noted that the automatic termination of the contract does not mean the termination of the employment relationship. Article 44 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Termination of Labor Contract] The labor contract shall be terminated under any of the following circumstances: (1) The labor contract expires; (2) The worker begins to enjoy the benefits of the basic and wide pension insurance in accordance with the law; 3) The worker dies, or is declared dead or missing by the people's court; 4) The employer has been declared bankrupt in accordance with law; (5) The employer has had its business license revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule; 6) Other circumstances provided for by laws and administrative regulations.

Chinese law does not provide for automatic termination of the contract, and if the contract expires and continues to be performed, it will not be automatically terminated. If the contract is not renewed or continued to be performed upon expiration, the contract is terminated instead of the contract being automatically terminated, and if the labor contract is not renewed after the expiration of the termination, the labor contract shall be terminated, and if the employer does not renew the labor contract, it shall pay economic compensation to the employee, and the economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid as economic compensation for each year of service of the employee.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; 6) Other circumstances provided for by laws and administrative regulations.

Article 44 of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; 2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law; 3) The worker dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; 5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule; 6) Other circumstances provided for by laws and administrative regulations.

Article 45 of the Labor Contract Law of the People's Republic of China provides that if a labor contract expires and falls under any of the circumstances specified in Article 42 of this Law, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost his or her ability to work as stipulated in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

Legal Analysis: The expiration of the employment contract will not be automatically terminated. China's law does not provide for the automatic termination of the payment code.

If the contract expires and continues to be performed, it will not be automatically terminated. If the contract is not renewed or continued upon expiration, the contract is terminated rather than terminated, and the labor contract is not renewed after expiration, and the labor contract is terminated and the employer does not renew the labor contract, the employer shall pay economic compensation to the employee, and the economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid as economic compensation for each year of service of the employee.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; 2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law; 3) The worker dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license is revoked, ordered to close down, or revoked, or the employer decides to dissolve ahead of schedule; 6) Other circumstances provided for by laws and administrative regulations.

The expiration of the labor contract cannot be automatically terminated, and if the contract continues to be performed upon expiration, it will not be automatically terminated. If the contract is not renewed or continued upon expiration, the contract is terminated rather than terminated, and the labor contract is not renewed after expiration, and the labor contract is terminated and the employer does not renew the labor contract, the employer shall pay economic compensation to the employee, and the economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid as economic compensation for each year of service of the employee.

1. Can the contract not be renewed when it expires?

After the expiration of the labor contract, it can not be renewed. Unless the employer maintains or raises the terms and conditions of the labor contract to renew the labor contract, the employee does not agree to renew the labor contract or the employee voluntarily proposes not to renew the labor contract, the employer shall pay economic compensation. Severance compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer.

Second, the expiration of the contract, the company does not renew the labor contract for me to renew the labor contract, what should I do?

1. The labor contract shall be terminated upon the expiration of the contract. If you are still working in the company, there is a de facto employment relationship, and it is recommended to renew the visa as soon as possible.

1. If the unit does not renew the visa, it needs to be compensated for the economic or defense compensation.

2. If the employee does not renew the visa, it will be subdivided into two situations depending on the specific situation:

1) If the employer maintains or improves the original working conditions, but the employee still does not renew the contract, no economic compensation will be paid.

2) If the employer reduces the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

3. If the labor contract is not renewed for more than one month but less than one year, the employer may be required to pay twice the monthly salary to the employee.

2. When the labor contract expires and the labor contract is not renewed, the employer and the employee shall terminate the labor contract and terminate the labor relationship

Clause. 1. Inform the employee that the labor contract expires and the labor contract will not be renewed;

Clause. 2. Issue a certificate of termination of the labor contract to the employee, stating the date of termination, the position of the employee, and the number of years of service in the employer;

Clause. 3. Handle the corresponding file and social security relationship transfer procedures for the worker within 15 days;

Clause. 4. Pay corresponding economic compensation to workers.