I have worked in this company for ten years. What if the company doesn't renew the labor contract?

I have worked in this company for ten years. What if the company doesn't renew the labor contract? If I have worked in the company for ten years, I am qualified to sign an open-ended labor contract. If the employing unit refuses to sign the contract, it is illegal to terminate the labor contract, and it shall pay compensation. If the laborer refuses to pay, he may apply to the Labor Dispute Arbitration Committee for labor arbitration.

Legal basis: Labor Contract Law

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree on an open-ended termination time.

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.

Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.

Law on mediation and arbitration of labor disputes

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.

What should I do if I work in the company for five months without signing a labor contract? It's very beneficial for you that the company doesn't sign a contract with you now, because according to the Labor Contract Law, if the company doesn't sign a labor contract, it will pay double wages to its employees from the next month. Although you don't want it easily, it is your right given by law. In addition, in view of this situation, you'd better keep the written files since you joined the company, such as employment notice, company file with your own signature, salary certificate, etc. Now that the company has paid for you. Just give it a push from time to time. Don't worry! Just work hard!

During the probation period, the company is also obliged to give you social security!

After working in the company for ten years, there was dust in the lungs during the physical examination. How can the company compensate if it does not renew the labor contract? You can sue the company for not signing a labor contract and claim compensation, and save evidence such as payroll and attendance during the period of not signing the contract. In addition, according to the arbitration results, there will be compensation for occupational diseases.

I have worked in the company for 18 years. What if the company signs a fixed labor contract and doesn't sign it? The employee has worked in this company for 18 years. This situation is in line with the relevant provisions of the Labor Contract Law on signing open-ended labor contracts. If the company fails to sign an open-ended labor contract according to law, it is suggested that the employee report to the Employment Bureau and apply for double salary compensation.

I have worked in the company for three years and my labor contract expires. What if the company doesn't continue to sign the contract? See if there is an agreement in your previous contract. If not, they have the right to do so, because the contract will automatically terminate when it expires.

I won't sign a labor contract in the company. What should I do? If the employer has not signed a labor contract with the laborer, it may report to the labor inspection brigade and demand compensation of twice the salary, referring to the Labor Contract Law.

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.

After ten years in the company, I won't renew my contract now. How can I tell them about the law, that is, the People's Republic of China (PRC) Labor Contract Law?

1. The company should sign an open-ended labor contract with you:

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

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.

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 the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.

2. If the company does not sign a labor contract with you, the company needs to give you economic compensation of 1 month according to your working years in the company:

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

What should I do if I am dismissed after working in the company for five months without signing a labor contract? According to the Labor Contract Law, the probation period should be included in the contract period, which means that the employee must sign a labor contract within one month after joining the company, otherwise it is illegal. If they don't sign a contract with you, you can enjoy double pay from September. In addition, the social insurance during the period should be paid by the company. In addition, if the company wants to fire you now, it needs legal reasons, not verbal words. If the company dismisses illegally, it will be liable for compensation.

In my opinion, this unit is too informal. Go directly to the labor department to complain.

After working in the company for fifteen months, what should I do without signing a labor contract? Only when there is a labor dispute in labor inspection should labor arbitration be conducted.

You can ask for double salary compensation from the second month after joining the company, with a maximum of 1 1 month.

How should the disabled be compensated if they are terminated by the company after working in the company for ten years? In this case, the employer shall pay the economic compensation or compensation for the termination of the contract for reasons other than the termination of the contract by the employer according to the circumstances stipulated in Article 39 of the Labor Contract Law. The legal basis is as follows:

Article 39 of the Labor Contract Law may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Article 40 Under 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.

Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off employees:

(1) Conforming to the provisions of the Enterprise Bankruptcy Law;

(two) serious difficulties in production and operation;

(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;

(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.

When reducing personnel, priority should be given to retaining the following personnel:

(1) Concluding a long-term fixed-term labor contract with the unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.

Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:

(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;

(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;

(6) Other circumstances stipulated by laws and administrative regulations.

Article 43 When an employer unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union has the right to ask the employer to correct it. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing.

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) The employing unit is declared bankrupt according to law;

(5) The business license of the employing unit is revoked, ordered to close down or revoked, or the employing unit decides to dissolve in advance;

(6) Other circumstances stipulated by laws and administrative regulations.

Article 45 When a labor contract expires and one of the circumstances specified in Article 42 of this Law occurs, the labor contract shall continue until the corresponding circumstances disappear. However, the termination of the labor contract of workers who have lost or partially lost their ability to work as stipulated in the second paragraph of Article 42 of this Law shall be implemented in accordance with the relevant provisions of the state on industrial injury insurance.

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.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.