Handan Lawyer

When the labor contract expires, if the following circumstances are met, the employer shall pay corresponding economic compensation to the worker.

Article 44 of the Labor Contract Law of the People's Republic of China stipulates that the labor contract shall be terminated in any of the following circumstances: (1) The labor contract expires.

Article 46 stipulates that the employer shall pay economic compensation to the employee in any of the following circumstances: (5) The fixed term labor contract is terminated in accordance with the provisions of Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract and the employee does not agree to renew it.

If the employer proposes to terminate the labor contract, it shall pay corresponding economic compensation to the worker.

The legal basis is as follows:

Article 36 of the Labor Contract Law of the People's Republic of China stipulates that an employer and a worker may terminate the labor contract if they reach consensus through consultation.

Article 46 stipulates that the employing unit shall pay economic compensation to workers in any of the following circumstances:

（2） The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches consensus with the laborer to terminate the labor contract;

Article 47 stipulates that 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.

A contract with undetermined validity will have legal effect only after ratification. The lawyer suggested that the guardian and the principal of the person with limited capacity for civil conduct should make a written and explicit declaration of intention to ratify.

For a contract concluded by a person with limited capacity for civil conduct and a contract concluded by an unauthorized agent in the name of the principal, where the counterpart urges for information, the expression of intention to ratify or refuse to ratify shall be made to the counterpart. If the counterpart has not urged, the declaration of intention to ratify or refuse to ratify the contract concluded by the person with limited civil capacity shall be made to the person with limited civil capacity and the counterpart respectively.

The house sales contract without certificate will not be absolutely invalid.

Item 6 of Article 37 of the Urban Real Estate Management Law only stipulates that "the real estate that has not been registered and obtained the ownership certificate according to law shall not be transferred", and does not stipulate that the contract without the ownership certificate shall be invalid. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Disputes over Commercial Housing Sales Contracts stipulates that "the commercial housing sales contracts or the Regulations on the Administration of Urban Real Estate Development and Operation" Article 33 If more than one year has passed since the expiration of the time limit for housing ownership registration specified in Article 33, and the Buyer fails to obtain the housing ownership certificate at the expiration of the following time limit due to the Seller's reasons, the Seller shall be liable for breach of contract, unless otherwise agreed by the parties:

（1） The time limit for registering the ownership of the house as agreed in the commercial housing sales contract;

（2） If the subject matter of the commercial housing sales contract is a house that has not been built, 90 days from the date when the house is delivered for use;

（3） If the subject matter of a commercial housing sales contract is a completed house, 90 days shall be counted from the date of conclusion of the contract. " These two articles clearly tell us that when the housing sales contract is signed, the contract is valid even though the ownership of the house has not been registered.

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (I) (repealed as of January 1, 2021) and Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Disputes over Commercial Housing Sales Contracts, If the seller has registered to obtain the house property certificate or has met the conditions for registering to obtain the house property certificate before filing a lawsuit, the sales contract can be deemed as valid. Otherwise, the house sales contract will be deemed invalid. Therefore, if the seller of resettlement housing and fund-raising housing can handle the property certificate, the housing sales contract should be recognized as valid.

In Article 728 of the Civil Code, if the lessor fails to notify the lessee or there are other circumstances that hinder the lessee from exercising the right of preemption, the lessee may request the lessor to assume the liability for compensation. However, the validity of the house sales contract concluded between the lessor and a third party shall not be affected.