1. Is there any compensation for not renewing the contract with advance notice?
When the contract expires, the company will notify in advance, and there will be compensation if it is not renewed. It should be noted that if the employee does not renew the contract because of the company's reduced working conditions, the company also needs to pay economic compensation, which is paid to the employee according to the standard of 1 year 1 month salary.
Article 46 of the Labor Contract Law
In 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.
2. Do you need to pay the payment in lieu of notice when the contract expires?
The Labor Contract Law stipulates that there are many situations in which the employer needs to pay economic compensation, but there are only three situations in which the labor contract is terminated by means of payment in lieu of notice. Article 40 of the Law stipulates that in any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. In addition, whether the employer negligently dismisses the employee, or economically dismisses the employee, or terminates the labor contract under other circumstances, it is not necessary to apply the payment in lieu of notice.
Therefore, there is no legal basis for some workers to claim that the employer illegally terminates the labor contract and demands to pay compensation.
Payment in lieu of notice is a non-legal term, and there is no concept of payment in lieu of notice in the labor law. Payment in lieu of notice is a saying in Hong Kong and Taiwan, which means that the employer should notify one month in advance when it proposes to dissolve or terminate the labor contract. If the employer fails to notify one month in advance according to law, it will pay one month's salary.
Three. Notice of non-renewal of contract upon expiration
Notice of termination of labor contract
(Party B):
The labor contract signed by both parties on.
Termination time of the labor contract: year month day.
After receiving this notice and before terminating the labor contract, please go through the relevant procedures such as work handover in time according to the company's regulations, and receive economic compensation according to the work handover termination form.
I hereby inform you.
Issuer of Party A (signature or seal):
Date of Issue: Year Month Day
-
Sign a receipt
I (Party B) have received the notice of termination of the labor contract from the company (Party A) on.
Signature (signature or seal) of Party B:
date month year
The above is to introduce in detail the knowledge about whether there is compensation for not renewing the contract with advance notice. According to the relevant regulations, there is compensation for not renewing the contract upon expiration of advance notice, and compensation is also needed for not renewing the contract after salary reduction. If you have other legal questions, please consult, and we will have professional lawyers to solve your doubts.