How To Renew The Labor Contract Is Legal?

Last year Labor contract When the law is about to go into effect, my unit begins to sign a labor contract with the employees again, and the labor contract starts at January 1, 2008. Recently, the labor contract for a one year period is about to expire. My unit has decided to continue to employ some of its employees. At the same time, for some employees whose performance is not good and those whose assessment is not qualified, they will no longer renew their labor contracts. What specific provisions do the employer have to renew the labor contract in labor laws? How should I carry out renewal work according to law? Does the unit need to pay financial compensation for the employees who do not renew their contracts? (Qi Yang / Beijing)

Experts dispel doubts

Qi Yang:

Hello! I am very glad to hear from you. In January 1, 2008, the labor contract law was formally implemented. Many employers amended and perfected their respective labor contract texts and rules and regulations in accordance with the law, and re signed new labor contracts with workers. By the end of the year, it was early to see that the one-year term labor contract signed at the beginning of the year was about to expire.

Like your unit, in fact, when the labor contract expires, the employer must decide whether to renew the labor contract according to the work performance, performance and competency of the laborers. Usually, when the employer chooses to continue to retain workers and maintain or improve the conditions stipulated in the labor contract, the renewal of the labor contract will be handled smoothly. However, when the employer decides not to employ the workers, the termination of the labor contract will become a headache for employers. Once oversight is made, labor disputes will be triggered.

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In this connection, the author summarizes the following procedures and key points for the renewal of labor contracts with reference to relevant labor laws and regulations.

1. according to "Beijing city" Labor contract The fortieth provision of the regulations (No. ninety-first of the Beijing Municipal People's Government) stipulates that the employer shall notify the worker in writing of the intention to terminate or renew the labor contract 30 days ahead of the expiry of the term of the labor contract, and negotiate the procedures for terminating or renewing the labor contract. In order to ensure that the above time requirements are met, the employer must have a good grasp of the time for the expiration of the labor contract, discuss the time for renewing the intention of the labor contract and the time to make the decision. In addition, if the employer decides to renew the labor contract with the employee, it can not simplify the procedure. Otherwise, when the worker disagrees with the renewal of the labor contract, the time for the handover procedure to go through the termination date of the original labor contract is to enter the stage of the factual labor relationship without the labor contract, and the termination of the labor relationship of the employer will also turn to the termination of the labor relationship at the same time, and the corresponding consideration is different.

2. according to the tenth provision of the labor contract law, if a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment. This article also applies to the renewal of the labor contract. Therefore, if the employer and the worker agree to renew the labor contract, the renewal process should be completed within one month after the expiration of the original labor contract.

3. if the employer decides not to renew the labor contract with the employee, it shall pay the economic compensation in accordance with the forty-fourth and forty-sixth stipulations of the labor contract law and the laborers' termination of the labor contract, and in accordance with the economic compensation standard stipulated in the forty-seventh provision of the law.

4. the employing unit shall issue renewed intention according to law, and maintain or enhance it. Labor contract If the employee agrees not to renew the contract, the employer can not pay the economic compensation.

5. the parties to a labor contract shall terminate the labor contract according to the fiftieth provision of the labor contract law, and the employer shall issue a certificate of termination of the labor contract according to law.

When applying for renewal of labor contracts in accordance with the law, the employer shall pay special attention to the condition that the law stipulates that the contract must not be terminated or the labor contract is postponed. For example, during the "three period" period, the workers are in the medical treatment period, the workers work in the employing unit for fifteen consecutive years, and the statutory retirement age is less than five years.

In addition, when the two parties renew their labor contracts, they can make amendments to some of the original labor contracts through equal consultation and consensus.