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1. If the unit does not renew the visa, economic 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 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;
Second, if the employee does not renew, it depends on the specific 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.
3. If the visa is not renewed, how to make economic compensation and how much to make up.
In practice, there have always been two points of view, one is that one month's salary should be paid for one year from the beginning of the employee's entry into the unit; The second is considered to be one month's salary for one year from 1 January 2008.
I agree with the second point of view for the following reasons: the employee's working time in the unit should be divided into two parts, and the original Labor Law should be applied before January 1, 2008, and the original Labor Law stipulates that if the contract expires naturally, no economic compensation is required; The second part is after January 1, 2008, and according to the provisions of the Labor Contract Law, economic compensation is required. Since the Employment Contract Law has no retroactive effect, it has no legal effect on the period before January 1, 2008. Therefore, we believe that the second view is correct, and facts have proved that some of the labor cases of our firm are also adjudicated according to the second view.
From January 1, 2008, one month's salary for one year shall be calculated according to the average salary of the employee for the 12 months prior to the expiration of the contract, and the salary received shall prevail.
To sum up, in addition to the situation where the employer maintains or improves the original working conditions and the employee still does not renew the contract, the employer needs to compensate the employee for the employee, and the amount of compensation is one month's salary for one year from January 1, 2008.
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Hello, working in the neighborhood committee, if it is a contract system, then the contract expires, and the neighborhood committee can choose not to renew it, in this case there is no compensation, even if it has been working for 10 years.
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According to the provisions of the contract law, there is no possibility of compensation for you in this situation. Everyone just does what they do.
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Working in this area, the ten-year contract also expired. If the unit is not renewed, you. There is no reason to go, and there is no compensation, because the contract worker is automatically invalid after the expiration of a contract signed by both parties.
The employer also has the right not to renew the visa. You don't have the right to claim any compensation, it's not in accordance with the law.
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After the expiration of the labor contract, if the employer does not renew it, it needs to pay economic compensation.
According to Article 46 of the Labor Contract Law, if the employment contract expires, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the terms of the employment contract and renews the employment contract, and the employee does not agree to renew or terminate the fixed-term employment contract.
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Because your contract expired, he chose not to renew it, and he should not be compensated.
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According to the relevant provisions of the Labor Contract Law, the employer shall pay you ten months' salary as economic compensation. Legal basis: 1. 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 expires. 2. Article 46 of the Labor Contract Law stipulates that if the employer does not renew the labor contract with the employee after the expiration of the contract, it shall pay economic compensation to the employee. 3. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.
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.
Therefore, the employer is required to pay you 10 months' salary as financial compensation.
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I have worked in the company for ten years, and the employer does not renew the contract with me, how can I compensate? Ten years of work. If you work for ten years and the employer does not want to renew your contract with you, there is no compensation. Because you're contractual. When the contract expires, he can choose not to renew it.
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If you have worked for 10 years and the employer does not allow you to sign a contract, then he will dismiss you and need to give you 10 months of salary compensation, and you can also receive unemployment benefits.
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After the expiration of the contract, the unit has the right not to renew it, which does not mean that the unit has to be bound to you for the rest of its life, and the personnel department of the other person does not want to renew the contract with you, and there is no need to compensate.
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According to the provisions of China's labor law, the employer will not renew the contract, and the compensation will be calculated according to the salary of one more month for each working year.
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After the expiration of the written labor contract signed between the employee and the employer after the employee has worked for the employer for 10 years, and the employee proposes to renew the labor contract with an indefinite term, the employer shall pay the employee compensation of 20 months' wages. Article 14 of the Labor Contract Law provides that there is no fixed term of employment.
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If the employer does not renew the contract with you, then you can claim compensation for 10 months' salary because you have worked for the employer for 10 years.
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If you have worked in the unit for ten years, and the employer does not renew the contract with you, and those contracts expire, how to compensate you can consult as expected? If your original contract is only signed for ten years and the contract expires, of course, you don't have to compensate, if it's a long-term contract, then you definitely don't have to compensate.
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If the employer does not sign a contract for you, it should give you a compensation, which may refer to one month of service per year!
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I have worked for the company for ten years, and the employer does not renew the labor contract with me. How to compensate? If your employer compensates for it, it will be compensated normally, and then the Social Security Bureau will give ten months' salary as unemployment insurance.
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I have worked in the unit for ten years, and the employer does not renew the contract with me, how can I compensate? Under normal circumstances, there is no compensation if the employer does not renew the contract with you.
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I work in the unit, ignore me for ten years, how to compensate for the renewal of the contract? If you sign a contract, after ten years, if it is fresh, if people don't want you, you can't compensate for it, which is more realistic for me, which means that you are not good at mixing, and people don't want you.
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The employer should sign a labor contract for the employee, otherwise this is a serious violation of the labor law, and the employer should pay a certain amount of economic compensation according to the number of years of service.
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I have worked in the company for ten years, and the employer does not renew the contract with me, how can I compensate? That can only accompany you unemployment insurance.
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I have worked in the company for ten years, and the employer does not renew my visa, how can I compensate? I don't think he will be compensated if he doesn't renew his visa.
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After working in the unit for ten years, the employer does not renew the contract with me, in this case, he will also compensate you according to a certain procedure.
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I have been working in the unit for ten years, and the unit does not have a contract with me, so I think you can go to the lawsuit, or go to the relevant unit. to complain about such a unit.
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After working in the company for 10 years, how can I compensate if the employer does not renew the contract with me? Negotiate with the unit first, and if you don't sign the contract, you can go to the relevant departments for consultation.
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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, the employer refuses to renew the employment contract and shall pay the employee compensation.
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 reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee 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 44 The labor contract shall be terminated under any of the following circumstances:
1) The term of 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.
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Is there any compensation for not renewing the contract after ten years of work, and what is it exactly.
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The expiration of the labor contract is not renewed, which is one year's compensation for one month's salary plus one month's payment in lieu of payment, which cannot be calculated before 08 years, because this economic compensation is newly stipulated in the 08 Labor Contract Law.
According to the length of service after 08 years, one month's salary will be compensated for each full year of working time, one month's salary will be compensated if the working time is less than six months, and half a month's salary will be compensated if the working time is less than six months.
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Article 46 of the Labor Contract Law: 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, 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.
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.
It is important to note that if the contract expires,An indefinite employment contract should have been signedFor example, even after the first model state renewed the code Zen for two fixed terms, the third time to sign an indefinite term contract, but the company does not renew, belongsIllegal TerminationIn the labor contract, it is necessary to pay compensation to the employee, which is 2N.
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If the company does not renew the contract and work for 10 years, it is a legal condition for an indefinite term contract, and if you do not resign, the unit cannot terminate the labor contract, and the company needs to compensate for 10 months' wages if it does not renew, and the part of the company that exceeds 10 years needs to compensate the workers with double wages.
If the company refuses to compensate the employee, the employee needs to immediately apply to the local human resources and social security bureau for labor arbitration and demand the employer to pay compensation.
Employment contracts. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.
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Then the labor contract will be terminated naturally, and you will look for a job by yourself.
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This can't be helped. It's perfectly okay if the employer doesn't sign with you.
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Is it going to stop signing a contract with you or not using you anymore.
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