How to claim compensation if the labor contract expires in 2013 and is not renewed

1.It is possible to claim double compensation for these 7 months, 2You can also claim financial compensation for two months' income (i.e., one month for each full year, and one year for more than half a year).

Legal Analysis: Companies that do not renew their employment contracts do not necessarily need to pay compensation. If the employer proposes not to renew the visa, or if the employer lowers the original working conditions and the employee proposes not to renew the visa, the employer needs to pay the employee severance payment; If the employer maintains or even improves the original working conditions, the employee proposes not to renew the visa, the employer does not need to pay economic compensation.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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, economic compensation of half a month's salary shall be paid to the person who has been motivated.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year 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 to be paid to him shall be three times the average monthly salary of the employee, and the maximum number of years for which the employee shall pay economic compensation 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.

If the labor contract is not renewed upon expiration, compensation shall be paid if the parties have agreed in accordance with the law; If there is no agreement, there is no need to pay. If the employment contract expires, the employer shall pay severance to the employee if the employer proposes not to renew it.

The time of the employment contract is stipulated as follows:

1. A fixed-term labor contract. When the labor contract is concluded, a certain period of time is agreed, and the labor legal relationship is terminated upon the expiration of the period;

2. Labor contract with no fixed term. This type of contract is generally suitable for positions that are more technical and require continuous work;

3. Labor contract with a certain period of work as the completion of a certain period. The difference from a fixed-term employment contract is that the conditions for the termination of the contract are agreed upon, rather than a definite period of time.

The following precautions should be taken to renew the labor contract:

1. The principle of equality, voluntariness and consensus.

2. Renewable labor contracts are limited to fixed-term labor contracts within a certain range.

3. The labor contract may be renewed as a matter of course under certain conditions.

4. The renewal of labor contracts for special types of work shall not exceed the statutory time limit.

5. An indefinite labor contract shall be concluded after meeting certain conditions.

Legal basis

Labor Contract Law of the People's Republic of China

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 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;

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

Article 47.

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 compensated with half a month's salary.

Summary. Legal basis

Article 14 of the Labor Contract Law [Indefinite-term Labor Contract] An indefinite-term labor contract refers to an employment 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. <>

<> whether the labor agreement is not renewed upon expiration is compensated.

Hello, I am a lawyer with decades of experience! I've seen your problem! Xi Xiao will reply to you within five minutes, and after you are done, if you are satisfied with Xun Luyan, you can give me a thumbs up. Thank you!

Hello, compensation! If the labor contract expires and the company does not renew it, but you are still working in the company, the company shall pay you double your salary from the second month.

2. When the labor contract expires, if you take the initiative to resign, there is no severance payment. Shouxiao <>

<>Article 14 of the Law on the Destruction of Labor Compounds [Labor Contract with No Fixed Term] An employment contract without a fixed period of time refers to an employment contract with an indefinite termination time agreed between the employer and the employee. 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. <>

If the unit does not renew, financial compensation is required.

If the employee does not renew, it depends on the situation.

It is further subdivided into two situations: 1. 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. 2. If the unit reduces the original working conditions and the employee does not renew the contract, the unit 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.

Article 47 of the Labor Contract Law [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of 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 laborer is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of severance shall not exceed 12 years.

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