Shantou City, the expiration of the labor contract is not renewed, the labor company did not give a month's notice to the workers illegal

The employer's contract is not renewed without prior notice to the workers can be, for the contract is not renewed belongs to the termination of the labor contract, if the workers want to renew and the employer is not renewed, then the employer will have to pay the corresponding compensation to the workers.

A, the employer's contract expires without notice to the workers can not be renewed?

It is possible, "Labor Law" and "Labor Contract Law" does not provide for the expiration of the fixed-term labor contract units do not renew must be notified 30 days in advance, it depends on the local local labor laws and regulations, or whether the labor contract agreement, there is no provision or agreement of the two sides do not need to notify each other in advance, there are provisions or agreements in accordance with the provisions or agreements. The labor contract will be executed in accordance with the provisions or agreement.

If the labor contract is not terminated or renewed due to the reasons of the employer, and the worker continues to work for the employer, forming a de facto labor relationship, the labor contract shall be deemed to continue to be performed.

Two, the expiration of the labor contract is not renewed how to leave?

First, one month's notice of non-renewal of the company, the company does not issue compensation, can not receive unemployment insurance;

Second, according to the expiration date of the contract according to the process of leaving the exit procedures, exit procedures include the following: handover of the work; return a variety of company property, including uniforms, books, computers, tools, and other items; accounting attendance, settlement of wages, agreed to pay time; personnel to send a letter to the company. Agree to pay the time; personnel to send a certificate of separation, "housing fund withdrawal approval form" and other proof; with the certificate of separation, ID card and "housing fund withdrawal approval form" to go to the Housing Provident Fund Management Center for housing fund withdrawal.

Three, the employer unlawfully terminate the labor contract, what are the contents of the provisions?

Article 46 of the Labor Contract Law: one of the following circumstances, the employer shall pay economic compensation to the workers:

(5) In addition to the employer to maintain or improve the conditions of the labor contract renewal of the labor contract, the workers do not agree with the renewal of the situation, in accordance with the provisions of the first paragraph of Article 44 of the Law to terminate a fixed-term labor contract;

Therefore, the unit does not need to give prior notice of the termination of the labor contract, and the employer shall not be required to give prior notice to the workers.

The employer is not required to give advance notice of non-renewal, but the employer shall, within seven days from the date of termination of the labor contract, issue a valid certificate of termination of the labor relationship. The laborer can apply for unemployment registration directly with the valid certificate. You can then receive unemployment benefits. If the organization fails to apply for the above certificate on time, it is considered that the labor contract continues to be fulfilled and economic compensation should be paid according to the regulations. The economic compensation is paid to the laborer according to the length of time the laborer has worked for the organization, and one month's salary is paid for every year of service. More than six months less than a year, according to one year; less than six months, to pay half a month's salary to the workers of economic compensation.

Comprehensive above, the expiration of the contract represents the termination of the labor relations between the two sides, if not renewed without prior notice, but there must be legitimate reasons, if the reasons are not recognized by the workers, then you need to bear the corresponding economic compensation, so, in the handling of the time you need to combine with the actual situation to determine.