How to refuse the notice that the company does not renew the contract?

First, I'll tell you how to do it, and then I'll tell you the reason slowly.

1. You can sign this Notice of Non-renewal of Labor Contract upon Expiration, but before signing this Notice, you need to send a notice to the company requesting to sign an open-ended labor contract, explicitly requesting to renew the labor contract according to the original post and working conditions after the expiration of this contract, and requesting to renew the open-ended labor contract. This notice is mailed to the company by paper EMS, sent to your supervisor HR by email, and sent by WeChat. , and save the corresponding evidence. The approximate template is as follows:

Notification template

2. Send this Notice of Requiring to Sign an Open-ended Labor Contract to the Company, and you can sign the Notice of Non-renewal of the Labor Contract when it expires. It's best to write down my disagreement on the receipt, write down the date and keep this notice.

Don't sign anything else, just look at how your company handles this matter and then deal with it.

A. If your company continues not to renew the contract upon expiration, once your company terminates the labor contract with you, you can apply for labor arbitration with the previous evidence and ask the company to give you 2N(N is your working years) economic compensation for illegally terminating the labor contract.

B. If your company continues to renew the labor contract with you and it does not meet the original post and working conditions, you can refuse to renew the open-ended labor contract according to the original post and working conditions.

C, your company will renew the open-ended labor contract with you according to the original post and working conditions or improve working conditions, so there will be no problem.

Secondly, let's talk about the reasons.

1. Why can I ask to continue to sign an open-ended labor contract?

First of all, according to the Labor Contract Law and related laws, employees can request to renew the non-fixed-term labor contract after concluding two consecutive fixed-term labor contracts. Your company has signed it for the fourth time a year, and you are fully qualified to sign an open-ended labor contract. Here, I want to talk about your company in particular. The contract is signed once a year, and the company also has legal counsel. This legal adviser is too watery. The contract must be signed for a long time, to avoid the situation of signing an open-ended contract soon, which will make the company very passive.

Secondly, who has the initiative to renew the contract?

There are two views: the first view is that only when both the unit and the employee agree to renew the labor contract can the employee request to sign an open-ended labor contract after two contracts; The second view is that after two times, the unit has no initiative to renew the labor contract, and the initiative lies with the employees. The employee can only terminate the labor contract if he agrees not to renew the contract with the company. If the employee wants to continue to renew the labor contract, the company must renew it.

These two views have appeared in court cases, but more people support the second view, that is, after two consecutive labor contracts expire, the initiative to renew them lies with employees.

I also support the second one, because the legislative intent of the Labor Contract Law is to protect the rights and interests of workers and guide units to establish long-term, stable and harmonious labor relations with workers, so there are relevant provisions for signing open-ended labor contracts. Imagine, after the labor contract is signed twice, if the unit actively chooses not to renew it, and the unit chooses not to renew it with the employee in order to avoid signing the non-fixed-term labor contract with the employee, then the provisions of the non-fixed-term labor contract actually make the labor relationship unharmonious and unstable. Therefore, the second view can better reflect the legislative intent of the Labor Contract Law.

Article 14 of the Labor Contract Law refers to a labor contract with no fixed termination time agreed by the employer and the employee.

The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

(1) The laborer has worked in the employing unit continuously for ten years;

(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age;

(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.

If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.

2. Issues concerning arbitration and compensation.

You can relax because you have the initiative to renew your contract.

You do as I said in the first point. For example, if the company says that it will continue to renew the contract and asks to sign an open-ended labor contract, it is necessary to seize the initiative, because if you don't say that after the time has passed, it may form your default that the company will not renew the contract, and you must attack first to gain the initiative.

However, according to the nature of urine in general units, employees may not give up so easily, but they will struggle anyway. Whether it is legal or not, you don't have to worry too much. Now in a legal society, everything is to prove that employees should be afraid at all. As long as your company continues to find ways to get it down, there is a high probability that the labor contract will be terminated illegally, so you are prepared to take 2N compensation.

If your company quits due to difficulties, you can also negotiate with the company. It's up to you. If the labor contract is terminated through consultation, no one will be hurt. The company will give you economic compensation, but the minimum economic compensation can't be less than N, because the normal labor contract expires, and the company will pay economic compensation N if it doesn't renew it.

Arbitration is actually not difficult. The evidence you need to submit is nothing more than proof that there is a labor relationship between you and your unit. This is too easy to prove, such as labor contract, salary flow, work tag, working group and so on. No matter how the company argues, most other materials need to be provided by the company, so don't worry too much.

3. On the issue of post adjustment.

You mentioned in your question that there is a clause in the labor contract: "Party A can change Party B's post and adjust Party B's work place according to the work needs, and Party B voluntarily accepts and obeys the arrangement."

This article is nonsense, a one-sided obscene overlord clause, and is not binding on workers. Any change in the labor contract, such as the post and work place, requires the consent of the employees, and the unit has no right to unilaterally change it, so all you have to do is refuse to transfer the post and change the work place.

Of course, does the unit have certain autonomy in employing people? Of course, there are also relevant provisions in the Labor Contract Law, but these provisions require evidence. For example, the leader of your unit said that you were "not suitable for this job and did not obey management". This is not what the leader said, and can only be proved by relevant evidence. I won't go into details. You can refer to my previous answer, which is very detailed.

How to face the company's forced change of direction and pay reduction? -watermelon's answer.-Zhihu III. What should the unit do here?

In addition to employees, there may be many company leaders and HR to look at this problem, and I will also talk about what to do as a company in this situation.

1, the first choice is the term of this labor contract.

Up to now, I still don't quite understand why some companies still sign labor contracts with employees for only one year, or even several times a year, which only shows that these companies are too unprofessional. Can they consider terminating the contract if the employee is unfit for work for one year?

The correct way is to sign the first three-year (a little more than three years) labor contract and stipulate a probation period of half a year. Because there is a probation period of half a year, employees can basically judge whether they are good or not. If he doesn't try for half a year, the probation period will be terminated, and there is basically no cost.

Then after the expiration of the first three years, it is necessary to be cautious to renew the contract for the second time. At this time, the company has the initiative to renew the contract. Companies can also conduct an inspection of employees and update them. The second contract is usually three to five years.

2. On the issue of post adjustment.

There may be various reasons in actual work, such as the needs of the company's work arrangement or the ability and attitude of employees. It is necessary to adjust the work or content of employees. I think most companies and employees can handle this matter on the basis of friendly consultation, but what if some unfriendly consultations are not ruled out?

At this time, the company needs to be professional in human resource management, improve various rules and regulations, and have various assessment mechanisms, and use the company's rules and regulations and assessment mechanisms to restrain employees to deal with employees.

And it can be promoted by some legal means. For example, performance appraisal can be used to reduce employees' wages or bonuses to "force" employees to achieve the company's goals.

In this matter, the company negotiates with employees in a friendly way, instead of thinking that it can direct everything. The company's position before the law is not as good as that of employees, so as HR, everything is handled in a friendly way. For example, what are the specific reasons why employees don't agree to job hopping? Find some mutually acceptable solutions and handle them properly.

Of course, there are still many employees who are "difficult". What if they can't negotiate amicably? There are many handling techniques and details, so I won't say them one by one. Senior HR will have a lot of experience, but in general, it is necessary to standardize human resource management and handle cases reasonably and legally, and neither be useless HR nor be a black-hearted thug in the company.