Compensation for the expiration of the labor contract, compensation for the expiration of the labor

Compensation can be claimed.

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.

1. "Whether such a situation can be compensated and what kind of compensation": there should be compensation and compensation. Includes:

1) The second month of work without renewing the contract after expiration: another month's salary shall be paid (because if the contract is not signed for more than one month, double the monthly salary shall be paid.

2) Economic compensation for termination of contract: one month's salary for each full year of service, one year's salary for half a year and less than one year, and half a month's salary for less than half a year.

3) If the employer does not notify you one month in advance of the termination of the contract, it shall pay one month's salary in lieu of notice.

2. If the above requirements fail to reach a negotiation with the unit, labor arbitration can be initiated.

According to the provisions of contract law, you need to look at the duration of your original contract. At the same time, if you continue to work for two months without signing an employment contract, you can ask for two months' wages as your double salary (you have already received that month's salary for each of the two months).

1. According to the provisions of the Regulations on the Issuance and Implementation of Labor Contracts, under a de facto labor relationship, if there is no circumstance that the employee is unwilling to sign a labor contract with the employer after the one-month performance period, the employer shall sign a labor contract with the employee, and cannot directly and unilaterally terminate the labor relationship.

2. Therefore, now it is a situation of termination of the agreement, you can negotiate the conditions with the company, if the company does not agree, you can refuse the company's dismissal, you can ask to continue to perform the labor relationship, and request to sign a labor contract with the company according to no less than the original conditions.

Financial compensation shall be paid, one month's salary for each year of service.

What are the circumstances of dismissal? 、、

Legal analysis: The standard of compensation at the expiration of the labor contract is: one month's salary for each full year of the employee's service in the employer.

After the expiration of the labor contract, the employer shall pay economic compensation to the employee, except in the case where the employer maintains or improves the conditions agreed in the labor contract and renews the labor contract.

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; For less than six months, Changstool pays the worker half a month's salary as economic compensation.

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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Compensation for the expiration of the 701 labor contract.

According to the number of years of service of the worker, one month's salary shall be paid for each full year.

After the expiration of the labor contract, 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 renews the labor contract.

After the expiration of the labor contract, whether the employee has economic compensation depends on the actual situation:

1) If both parties renew the labor contract, the employer does not need to pay severance compensation;

2) If 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, he does not need to pay severance compensation;

3) If the employer lowers the standard of the labor contract and the employee does not renew the labor contract, or if the employer does not renew the labor contract, the employer shall pay severance compensation.

1. Is the electronic version of the labor contract valid?

Electronic employment contracts are generally legally binding. According to the relevant laws and regulations, the parties may conclude a contract in written, oral or other forms, and the contract concluded in writing shall be concluded and effective when both parties sign, seal or fingerprint. In addition, the written form, including electronic data interchange, e-mail, etc., can tangibly represent the content contained therein, and the data messages that can be accessed at any time for reference.

We hope you find the above helpful, and if you have any other related questions, you can consult a professional lawyer.

Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay the employee high compensation for economic compensation:

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) 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 fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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.

When the labor contract expires, if the company does not renew it with you or provides you with lower labor treatment than the original contract, you can refuse, you should pay you severance payment, if you worked in the company before 08, the working years will be calculated from January 1, 08, and you will be compensated with one month's salary for each year of work. If you come to work in the company after 08 years, you will be compensated one month's salary for each year of work according to your actual working years.

When the employment contract expires and the company does not renew the contract with you, but you are still working for the company, the company should pay you double your salary from the second month. But be aware of the one-year statute of limitations.

If you voluntarily resign after the expiration of the employment contract, there is no severance payment.

If the employer reduces the salary and your father does not want to renew the contract, he can claim severance payment. Generally, one month's salary is paid for each full year.

If the employer reduces the contract benefits, there will be one month's economic compensation for each year of service, provided that you do not renew the contract.

There is no severance for those who continue to work.

In labor dispute cases, if a labor dispute arises due to the employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc., the employer shall bear the burden of proof.

According to Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances:

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;

Let me explain this article, the Labor Contract Law stipulates that if the employment contract expires and the employer does not renew the employment contract with the employee, the employment contract shall be terminated in such a case, and the employer shall pay the employee economic compensation.

If the employment contract expires and the employer requests to reduce the terms of the employment contract, such as reducing the wages and requesting the renewal of the contract, in this case, the employee refuses to renew the contract, then the employment contract is terminated and the employer must also pay economic compensation.

If the employer requests to renew the employment contract with the employee, and maintains the original treatment or improves the remuneration and renews the employment contract with you, and you do not renew the employment contract at this time, the employment contract will be terminated and the employer does not need to give you economic compensation.

According to your description, if the employer lowers the contract and asks your father to renew the labor contract, and your father refuses to renew it, the labor contract will be terminated and the employer will pay economic compensation.

If the signed labor contract expires, it can be executed in accordance with the terms of the contract.

If one party violates the terms of the contract, it will be executed in accordance with the terms.

If the contract does not involve compensation and penalties for such breach of contract, it shall be deemed that both parties have voluntarily waived.

You can get compensation, two months' salary compensation.

If the contract expires, whether to sign the employment contract should be settled by both parties through negotiation. It is not necessary for the employer to sign an employment contract.

Lawyer Li Zhao.

You have the right to apply to the company to compensate you for double wages during the period when you have not signed the labor contract, and the legal basis is Article 82 of the Labor Contract Law, which stipulates that if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

You can ask for compensation according to the length of service, one month's salary for each full year, and you should be compensated for two and a half months' salary.

It is possible to claim severance in the form of one month's salary for each full year.