Generally speaking, if the unit has refused to sign a labor contract with the employee three times, it must compensate the employee. It must compensate the employee double the salary and if the labor contract has not been signed for one year. , employees can also ask the employer to sign an unfixed-term labor contract with themselves.

1. How to compensate employees if the employer refuses to sign a third labor contract

How to compensate employees if the employer refuses to sign a labor contract:

1. The employer refuses to sign a labor contract with the employee If there is a labor contract, the employer shall compensate the employee double wages.

2. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it will be deemed that the employer and the employee have entered into an unlimited-term labor contract. If the employer does not conclude an indefinite-term labor contract with the employee at this time, it shall pay the employee twice the monthly salary from the date of signing the indefinite-term labor contract.

3. If the employer refuses to conclude a labor contract with the employee and then dismisses the employee, it shall compensate the employee for economic compensation. If the dismissal is illegal, it must pay economic compensation to the employee. Source regulations: Article 6 of the "Regulations on the Implementation of the Labor Contract Law" stipulates that if the employer has not signed a labor contract with the employee, it shall pay double wages for a maximum of 11 months. If the employer has not signed a labor contract for one year from the date of employment, Both parties are deemed to have entered into an indefinite-term labor contract. Article 48 of the "Labor Contract Law" stipulates that if the employer violates the provisions of this law to terminate or terminate the labor contract, if the employee does not require continued performance of the labor contract or the labor contract can no longer be performed, the employer shall pay compensation.

2. When the labor contract is renewed, should the company compensate the employee if he refuses to sign the contract?

In this case, the employee cannot claim financial compensation. Refer to Article 46 (5) of the Labor Contract Law. Unless the employer maintains or improves the terms of the labor contract and renews the labor contract, and the employee does not agree to the renewal, the labor contract shall be renewed in accordance with Article 44 of this Law. Paragraph 1 of the Article stipulates that financial compensation should be paid when a fixed-term labor contract is terminated; simply put: if the employer maintains or improves the contract conditions and agrees to renew, but the employee does not agree, there will be no financial compensation. If the employer lowers the terms of the contract and agrees to renew the contract, and the employee does not agree, economic compensation must be paid. How to maintain, improve or reduce the contract conditions is analyzed from the perspective of whether it is beneficial to the workers. For example, the originally agreed salary was 2,000 and the contract was renewed for 1,800. That is a reduction. It used to be a one-year contract, but now the three-year contract is renewed, which should be an improved contract condition.

Notification letter of non-renewal of contract upon expiration:

(Party B):

Signed by both of us on _____ month _____, _________ The labor contract will expire on _____month_________year. The unit has decided not to renew the labor contract. You are hereby notified of the termination of the labor contract.

The time of termination of the labor contract is: year month day.

After receiving this notice and before terminating the labor contract, please promptly handle work handover and other related procedures in accordance with company regulations, and receive economic compensation according to the work handover termination order.

Notice hereby.

Issuing person (signature or seal) of Party A:

Issuance time: year, month and day

Signature receipt

I (Party B) ) has received the "Notice of Termination of the Labor Contract" issued by the unit (Party A) on the day of the year.

Party B’s signee (signature or seal):

Year, month and day

Legal basis:

Article 1 of the Labor Contract Law Item (5) of Article 46 stipulates: Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term employment shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law. Economic compensation payable under a limited-term labor contract;