First, is it okay not to go to work after the expiration of the labor contract?
When the contract expires, the contractual relationship between the two parties is terminated, and you can not go to work directly. But generally speaking, you have to finish the handover of work before you can stop working.
Offer to leave when the contract expires.
1. Be sure to inform the enterprise in writing.
It is impossible to resign by email, generally there is no evidence, and the email is stored in the server of the enterprise, so it is not easy for resigned employees to extract the evidence. At this time, employees need a written resignation letter. The paper resignation letter needs the employee's autograph, and the resignation letter is generally handed over to the immediate superior or the human resources department of the enterprise. In the resignation letter to the enterprise, how can employees prove that they have notified the enterprise in "written form" according to the requirements of the labor law? What employees can do at this time can only be to ask the company for a receipt of the resignation letter when submitting the written resignation letter. If this is not easy to do, it can only be done with witnesses. Witnesses may be useful in labor arbitration, but they are usually ineffective in court, because witnesses are generally colleagues of enterprises and the court can regard them as interested parties.
2. Handle work handover.
According to the labor law, although employees can't go to work after 30 days, they must handle the work handover. Of course, the work handover is arranged by the enterprise. If the enterprise doesn't arrange it, it's best to write a work handover list, explain the work and the arrangement of working hours in writing, and submit it to the immediate superior or the human resources department in duplicate, and keep one copy, with the official seal of the enterprise or the signature of relevant personnel. If the work is not handed over, the enterprise can deduct the salary after the handover and pay it after the handover. Enterprises may also make things difficult when transferring files, social security and resignation certificates to employees. Although the detention of files and social security does not comply with labor laws and regulations, please refer to: Four legal issues to consider when resigning (click to open), but companies often do this, and lawsuits will lead to an increase in turnover costs.
2. What are the rules for not renewing the contract when it expires?
After the expiration of the labor contract, if the employee is unwilling to renew the contract, under normal circumstances, the employee can no longer ask the employer to pay compensation or economic compensation; However, if the employee does not sign the labor contract because the employer reduces the agreed conditions of the labor contract, the employee may ask the employer to pay economic compensation.
According to the Labor Contract Law:
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(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 the labor contract is terminated through consultation with the laborer;
(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) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
The expiration of labor contracts is mostly solved through negotiation between both parties. As long as we adopt our own methods properly, the problem will not be solved greatly. However, if our own problems involve more stakeholders, we need to consider them carefully, and the procedural requirements are necessary, but we need to learn to deal with the problems effectively and ensure our own interests.