If the labor contract expires on 2008 01 06, can I get economic compensation from the employer if I

If the employer does not renew the labor contract after the expiration of the contract, the employee may request the employer to pay double wages from the second month, and if the employer proposes not to renew the contract, the employee shall be paid severance and one month's salary for one year of service; If an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the contract, it is illegal to pay the employee compensation and pay two months' wages for one year of service.

If the employee does not renew the contract, there will be no severance unless the conditions stipulated in the new labor contract provided by the employer have been increased.

Labor Contract Law

Article 14 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 an employee 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 worker 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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;

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.

The law does not apply retroactively. If your contract expires, the new Employment Contract Law will not apply, but the relevant provisions of the Labor Law will apply. If the employer is not at fault, there may be no compensation under the labor law.

The Labor Contract Law stipulates that if a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall provide economic compensation in accordance with the relevant provisions of the State.

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

In practice, both the employer and the employee are required to retain relevant evidence to prove who filed the motion for termination through negotiation.

Second, if the labor relationship crosses the old and new laws, January 1, 2008 shall be the dividing line, and the years of service before January 1, 2008 shall be calculated in accordance with the provisions of the old law, and after January 1, 2008, the economic compensation shall be calculated in accordance with the provisions of the Labor Contract Law, which shall be calculated separately and then combined and added.

If the first is solved, the second may be involved.

incorrect, except in the case where the employer maintains or improves the conditions agreed in the labor contract and the employee does not agree to renew the labor contract".

You belong to this situation, as long as you propose not to renew the visa, there is no compensation, if the company resigns, you will have it.

It should not be compensated, and when will the new labor law be enforced? If your contract is signed after the new labor law, it can be enforced according to the new labor law. But your contract was signed two years ago, and it can only be enforced according to the law of two years ago.

And you resigned yourself, so there is no money for you.

20008 1 1 will take effect after that, you have compensation, one month a year, more than 6 months is also counted as one month, (18 months is 2 months compensation) less than 6 months for half a month, the above nonsense, 2008 1 1, after their resignation also has compensation, I don't believe you can go to see the 20008 labor law yourself, 20008 before not without any compensation. If you don't believe me, ask a lawyer.

I agree with the opinion of the first floor, the "Labor Contract Law" stipulates that if the contract expires and the labor contract is terminated, the employer shall bear the economic compensation, except for the situation where the employer maintains or improves the terms of the labor contract to renew the labor contract, and the employee does not agree to renew, no financial compensation is entitled.

As for the issue of the non-retroactivity of the Labor Contract Law, the law does stipulate this, but he only refers to the validity of the labor contracts signed before the promulgation of the law and the application of the original law, "but" if the original law conflicts with the Labor Contract Law, the Labor Contract Law still applies, in fact, in a word, after January 1, the provisions of the Labor Contract Law shall be implemented.

If the employer unilaterally decides not to renew the written employment contract after the expiration of the written employment contract, it is required to pay compensation, and the standard of severance is calculated according to the standard of the employer's illegal dismissal of the employee, and the compensation is also based on the number of years of service in the employer. Therefore, the employer has no choice in renewing the employment contract.

1. Does the employer need to pay compensation if the employer does not renew the contract after the expiration of the labor contract?

Article 46 of the Labor Contract Law: Except in the case where the employer maintains or improves the conditions agreed in the labor contract and the employee does not agree to renew the labor contract, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated in accordance with Article 44, Paragraph 1 of this Law.

Paragraph 1 of Article 44 of this Law means that the labor contract shall be terminated upon the expiration of the labor contract.

The amount of severance depends on the number of years the employee has worked for the employer, and the employee is compensated at the rate of one month's salary for each full year. if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, it will be calculated as half a month.

If the employee's monthly salary is too high, i.e. more than 3 times the average monthly salary of the employee in the region in the previous year, the severance payment shall only be paid at the number of 3 times the average monthly salary of the employee, and the maximum number of years calculated shall not exceed 12 years.

2. No severance shall be paid for the termination of the labor contract:

1. When the labor contract expires, the employer maintains or improves the agreed conditions of the labor contract to renew the labor contract, and the employee refuses;

2. Within one month from the date of employment, if the employee does not enter into a written labor contract with the employer after being notified in writing by the employer, the employer shall notify the employee in writing to terminate the labor relationship;

3. The labor contract is terminated when the worker begins to enjoy basic pension insurance benefits in accordance with the law;

4. The labor contract is terminated due to the death of the worker, or the death or disappearance of the labor contract by the people's court;

5. The labor contract is terminated when the worker reaches the statutory retirement age;

6. Other circumstances stipulated by laws and administrative regulations.

3. What are the precautions for renewing the labor contract?

1. Clearly stipulate in the labor contract that the relevant matters of renewal shall be automatically extended.

2. About one month before the expiration of the contract, HR should understand the employee's intention. Seek the employee's opinion on whether to renew the contract first, negotiate the renewal of the contract, and avoid the compensation for not renewing.

3. Negotiate the term, remuneration, special agreement, etc. of the renewal contract, and fully communicate.

4. After the two parties reach a consensus and the terms of the contract are determined, the contract text of both parties shall be signed or sealed.

The current social environment is the supremacy of the market economy, however, the social and value created by the workers in the market economy is the best and the enterprise can not be ignored, therefore, the state or the enterprise respects the workers, the development of the society and the enterprise can establish a sustainable and healthy development model, and the public and private without reason not to renew the contract is equivalent to illegal dismissal of employees.

Legal Analysis: When the labor contract expires, severance shall be paid unless the employer maintains or improves the terms and conditions of the labor contract and renews 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

Article 14 If the employer requests to renew the labor contract with an indefinite term, and the employer refuses to renew it, it shall pay the employee compensation and pay two months' wages for one year of service.

Article 46 Upon the expiration of the labor contract, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or raises the terms and conditions of the labor contract and the employer does not agree to renew the contract.

If the employment contract is not renewed upon expiration, does the employer need to pay economic compensation? First of all, if the unit does not renew, financial compensation is required. 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 an employee requests to renew an indefinite-term employment contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the contract, it is illegal to pay the employee compensation and pay two months' wages for one year of service. Secondly, if the employee does not renew the contract, it depends on the specific situation, if the employer maintains or improves the original working conditions, and the employee still does not renew the contract, no economic compensation will be paid; If the employer lowers the original working conditions and the employee does not renew the contract, the employer will also make economic compensation.

It is worth noting that the working conditions here are broadly defined and include wages but not only wages, such as working conditions, welfare levels, etc.

If necessary, it shall be in accordance with Articles 44 and 45 of the Labor Contract Law.

Article 44 The labor contract shall be terminated 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.

Article 45 Where a labor contract expires under any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. However, the termination of the labor contract of a worker who has lost or partially lost his or her ability to work as provided for 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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) 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) Terminating a 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.