If an employee fails to sign the contract when the contract expires, generally the employee can no longer ask the employer to pay compensation or economic compensation; however, if the employer lowers the terms of the labor contract and the employee fails to sign If there is a labor contract, the employee can request the unit to pay economic compensation. After the labor contract expires, some employees no longer want to continue working in this unit, so they will explain to the unit their intention not to renew the contract.
1. What should I do if the employee does not sign the contract when it expires? After the labor contract expires, if the employee does not want to renew the contract, generally the employee cannot ask the employer to pay compensation or economic compensation. ; However, if the employee does not sign a labor contract because the employer lowers the conditions stipulated in the labor contract, the employee can request the employer to pay economic compensation. According to the Labor Contract Law: Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) ) The employer proposes to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract; (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 Article 40 of this Law; (4) ) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law; (5) Unless the employer maintains or renews the labor contract with improved conditions stipulated in the labor contract and the employee does not agree to the renewal, the employer shall terminate the labor contract in accordance with the provisions of this Law. Termination of a fixed-term labor contract in accordance with Paragraph 1 of Article 44 of this Law; (6) Termination of a labor contract in accordance with Paragraph 4 and Paragraph 5 of Article 44 of this Law; (7) Termination of a fixed-term labor contract in accordance with Paragraph 1 of Article 44 of this Law; (7) Termination of a fixed-term labor contract in accordance with Paragraph 1 of Article 44 of this Law; (7) Termination of a fixed-term labor contract in accordance with Paragraph 1 of Article 44 of this Law; Other circumstances.
2. Circumstances of terminating the labor contract According to the current provisions of the Labor Contract Law, if the labor contract expires and is not renewed, only the employer may provide compensation, and the employee does not need to compensate for economic losses. When the labor contract expires, the labor contract shall be terminated. There are three situations for terminating the labor contract: 1. The company maintains or improves the conditions (salary benefits, etc.) of the labor contract and renews the labor contract, but the employee does not agree to the renewal. If the labor contract is terminated, there will be no financial compensation. 2. If the company renews the labor contract by lowering the conditions (salary benefits, etc.) agreed in the labor contract, and the employee does not agree to the renewal and terminates the labor contract, there will be financial compensation. 3. If one or both the company and the employee do not renew the labor contract or terminate the labor contract, there will be financial compensation. Therefore, if the labor contract expires and is not renewed in the latter two situations, the employer will have to compensate for the losses. According to the provisions of Article 44, paragraph 1, Article 46, paragraph 5, Article 47, and Article 97 of the Labor Contract Law of the People's Republic of China, the labor contract shall be terminated upon expiration. In the case of a fixed-term labor contract, the employer shall pay economic compensation to the employee. The period of economic compensation shall be calculated from the date of implementation of this law, and shall be paid to the employee at the rate of one month's salary for every full year. year, calculated on a yearly basis. When the contract expires, the two parties should negotiate and resolve the labor contract based on the actual situation. When it comes to the situation where the employee does not renew the contract with the employer, the employer does not need to pay relevant economic compensation. However, under special circumstances, if the employer If the employee takes advantage of the reduction in wages and does not sign a contract with the employee, the employee can request the employer to pay economic compensation through labor arbitration.