Labor law sets, the unit after labor contract expires not add autograph, ought to pay employee to co

The labor contract that friend and company sign still has two months to was about to expire, but the relevant matters concerned that the human affairs of the company did not look for him to discuss add to sign labor contract, he finds sectional leader to discuss add to sign the business of the contract for many times during, but be led by the branch with all sorts of reason evade go back, was aware of a company not to hope with him add signs labor contract it seems that, this friend found me, the inquiry should manage like where.

A kind of such circumstances exist really in reality, after laborer and the labor contract that both sides of unit of choose and employ persons agrees expire, knowing inside unit of choose and employ persons was to forget this thing still stems from other objective, sign labor contract without choice and laborer add, so face an unit not contract of add autograph labor this kind of circumstance, how should be we done?

A very interesting repulsive case was handled before, the labor contract of party and company is about to expire, and the company does not want again add signs labor contract, the economy that to save that 40 thousand clumpy to remove legally labor concerns compensates gold, the company looked for a reason to dismiss party casually.

Result party falls in our guidance, successful from the company labor of the after taking repulsive advice note application there arbitrates, requirement company pays him to violate repulsive compensation, arbitral finally appoint backed worker appeal to beg, adjudication company pays violate repulsive compensation many yuan 80 thousand.

This should be the case that is a stranger flower, because be changed,be a boss that knows a bit labor law a little, won't make so clever instead by clever by accident the issue comes.

Good, say to expire about the contract of labor for us next the unit does not agree add signs this thing.

What must make clear is, if the unit does not plan to continue,sign labor contract with laborer add, so according to " contract law of labor of People's Republic of China " relevant provision, the unit ought to pay laborer economy to compensate gold, the job pays a monthly wages one year, dissatisfaction is calculated one year according to half monthly wages, full half an year but not full a year, according to compensation of a month.

Legal basis consults please " contract law of labor of People's Republic of China " the 46th regulation, those who have one of following state, the company ought to pay economy compensation to employee, among them unit of eliminate choose and employ persons is maintained or one raises add of labor contract stipulation to sign labor contract namely, outside the case that laborer does not agree with, according to Benfadi 44 the first regulation terminates labor contract.

" contract law of labor of People's Republic of China " the 44th, have one of following state, labor contract termination, the first sets even if work among them of termination of contract. Implication is, if the labor contract of you and unit is about to expire, but the unit does not plan to sign labor contract with your add, so this moment unit must the regulation according to law, pay you economic compensation gold.

This wants cent to be two kinds of circumstances again, the first kind, if be the work requirement that unit plan is maintained or raises crude oil, continue to sign labor contract with your add, but you are not willing this kind of condition that add signs, that unit does not need to pay you economic compensation.

The 2nd kind, if the unit wants,add signs labor contract, but lower your original work requirement, reduced deduct a percentage for example or base salary, we are to be able to reject what add is signed and requirement unit pays economy to compensate gold below this kind of circumstance.

Say to compensate wage base of gold about economy for us finally, basis " labor contract law carries out byelaw " the 27th regulation, the economic compensatory monthly wages that labor contract law sets the 47th times deserveds according to laborer salary computation included hourly wages or the monetary sex income such as piece rate and bonus, allowance.

Simple for namely, the monthly wages in economic compensation gold is not the monthly wages that agrees in order to work inside the contract will calculate, real wages comes to computation before the average tax that signs 12 months with our labor termination of contract however, the salary before this duty should include us all allowance of every month, for example award, overtime, eat fills end of the year etc.

Although say the welfare pay of our country laborer gets perfecting gradually, but still unit of a lot of choose and employ persons likes deliberatelly break the law, some units do not sign labor contract with employee, some is working play tricks on the contract, for example blank contract. Face this kind of situation, we or person of field of hope everybody duty are in when signing labor contract, must want attentive discretion!