Of course. The employer needs to renew the labor contract within one month after the expiration of the labor contract. It is illegal to refuse to renew the labor contract for more than one month, and the laborer can demand to pay double wages. Workers can urge the personnel department of the employer to renew the contract as soon as possible. To establish labor relations in accordance with Article 10 of the Labor Contract Law, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
Second, how to compensate for the expiration of the labor contract?
According to Item 5 of Article 46 of the Labor Contract Law, unless 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, if the fixed-term labor contract is terminated due to the expiration of the labor contract, the employer shall pay economic compensation to the employee. If the labor contract is not renewed upon expiration:
1. If the company maintains or improves the conditions agreed in the labor contract (salary, etc.). If the employee refuses to renew the labor contract, there is no economic compensation for the termination of the labor contract.
2. If the company reduces the agreed conditions (salary, etc.). ) to renew the labor contract, and employees do not agree to renew or terminate the labor contract, there will be economic compensation.
3. If one or both of the company and employees refuse to renew or terminate the labor contract, there will be economic compensation.
At the same time, Article 47 of the Labor Contract Law stipulates the calculation of the economic compensation of the employer:
1. The economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit.
2, more than six months but less than one year, according to one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
3. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced 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 for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed twelve years.
4. The monthly salary refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Three. termination of labor contract
Article 44 A labor contract shall be terminated under any of the following circumstances:
(a) the expiration of the labor contract;
(two) workers began to enjoy the basic old-age insurance benefits according to law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) Having reached the statutory retirement age;
(5) The employing unit is declared bankrupt according to law;
(six) the employer's business license is revoked, ordered to close, revoked or the employer decides to dissolve in advance;
(seven) other circumstances stipulated by laws and administrative regulations.
The above is the relevant content of the Notice of Not Renewing the Contract for You. I believe everyone has a certain understanding after reading the above contents. If the notice of not renewing the labor contract is issued too early or too late, it can be signed free of charge. If you have other legal questions, please consult a lawyer.