How to deal with non renewal of contract proposed by the company when the contract expires

I expiration of contract What to do if the company proposes not to renew the contract

If the employer decides not to renew the contract with the employee Labor contract , you must pay the worker an economic subsidy generated by the termination of the labor contract, which means that each worker will receive one month's salary paid by the company as economic compensation after each full year of work. According to relevant laws of China statute According to the express provisions of, unless the employer chooses to maintain or improve the conditions set by the original labor contract to continue signing a new labor contract, but the employee refuses to renew it, the employer is obliged to pay corresponding economic compensation to the worker in all other cases.

《 Labor Contract Law 》Article 47

The economic compensation shall be paid one month for every full year according to the number of years the worker has worked in the unit wages To pay the laborer. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.

The term "monthly wage" as mentioned in this article refers to that the laborer is working rescission of a contract Or the average salary of the twelve months prior to termination.

2、 How to compensate the company for not renewing the contract when it expires

Whereas Term of Labor Contract When the contract expires, if the employer has no intention to renew the contract with the employer, it usually does not need to pay any form of compensation liability to the worker, but only needs to advance the corresponding economic compensation to the worker.

If both parties reach an agreement through consultation, or if the employee is still unable to meet the job requirements after corresponding training and guidance or transfer to other posts after being incompetent for the existing job responsibilities, the employer has the right to give the employee corresponding economic compensation.

According to relevant laws and regulations, when the employer has served for one year, it will be deemed that the employee has received one month's salary Economic compensation ;

However, such compensation shall not exceed the limit of twelve months.

If the employee has served in the employer for less than one year, one year shall prevail.

In addition, if the laborer is sick or injured not because of work, and still cannot work in the original position after the medical treatment period, or cannot work in the alternative position arranged by the employer.

In this case, in addition to the economic compensation according to the above standards, the employer has the obligation to advance medical subsidies for at least six months' wages.

If the laborer has completed the retirement procedures caused by illness or non work related injury according to law, and obtained the corresponding retirement benefits, then the employer does not need to pay any form of economic compensation to him again.

Article 47 of the Labor Contract Law

The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article points out, "How to deal with the company whose contract expires when it proposes not to renew the contract", we can get a lot of valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.