Companies that do not renew their labor contracts when they expire do not necessarily need to pay compensation. If the company proposes not to renew the contract, or the company reduces the original working conditions, which causes the employee to propose not to renew the contract, the company needs to pay economic compensation to the employee; If the unit maintains or even improves the original working conditions, the unit does not need to pay economic compensation if the employee proposes not to renew the contract. When the labor contract expires and the company does not renew it with you, but you still work in the company, the company should pay you double salary from the second month. But we should pay attention to the limitation of action for one year. When the labor contract expires, if you take the initiative to leave, there is no economic compensation.
Legal basis
Article 47 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Calculation of economic compensation] Economic compensation shall be paid to 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.
