Case
This year in September, the labor contract of the salesperson of a house property of company of some estate development is about to expire. The company negotiates add to sign labor contract matters concerned with its ahead of schedule, put forward this employee to still hold the position of a sale, add signs labor contract deadline 3 years, pay pay is compared so every months many 3000 yuan. But this staff does not agree to sign labor contract with company add, and requirement company pays his economic compensation. So, is the view of this employee reasonable?
Review analyse
Generally speaking, a month, unit of choose and employ persons ought to be denied namely autograph labor contract undertakes negotiation and make a decision with laborer add.
If decide add is signed, bilateral the abidance that ought to sign new labor contract to concern in order to assure labor before labor contract expires is effective.
If both sides decides not to renew an autograph, also answer to make clear meaning express to show an account to the other side.
Regard labor as the active one party of the relation, what the company offers is the post that its think to match with staff capacity photograph and labor term and conditions of contract; But whether is employee accepted, the labor term and conditions of contract that still needs objective judge company and employee add lot (condition of level of reward of labor contract deadline, work, labor protection) whether not under original labor contract.
If the labor contract of company add autograph not under original labor term and conditions of contract, and employee refus not add signs, bilateral labor contract expires stop, the company need not pay economy compensation.
If company add signs the condition of labor contract under original labor term and conditions of contract, employee refus not add signs, bilateral labor contract expires stop, the company needs to pay economy compensation.
In this case, the post that this company offers still is sale post, if labor contract deadline of 3 years does not add up to the corresponding period to be restricted under original work, and pay pay rises bigger, can holding a firm so was to raise labor contract stipulation actually. Be like employee refus not add autograph, cannot ask the company pays economy compensation.
According to
" labor contract law " the 46th the 5th section provision, be maintained except unit of choose and employ persons or raise contract of labor of renew one's subscription of labor contract stipulation, outside the case that laborer does not agree with renew one's subscription, according to Benfadi 44 the first regulation terminates contract of fixed deadline labor, unit of choose and employ persons ought to pay economy compensation to laborer.
Author Piao Zhu Guofeng
Edit Piao Xu Dejin
