When the labor contract expires, the rights and obligations of both parties have been terminated, and the employer's continued employment is a new labor relationship. If the employing unit continues to employ workers for one month without signing a contract, it shall be complacent and pay twice the wages to the workers from the next day of one month. If the employee continues to work for less than one year, he shall pay double wages until the date of signing the supplementary contract; If it is more than one year, it will be deemed as an open-ended labor contract if it is paid to the day before the expiration of one year, and the formalities will be completed immediately. In this regard, all provinces, municipalities directly under the central government and autonomous regions have clear regulations. Beijing stipulates that wages will be doubled from the date of continuous employment, with a maximum of 12 months.
Beijing High Court and Arbitration Commission
Summary of the seminar on the application of law in labor dispute cases (2)
(Date of Issue: 2065438+7 May 2004)
27. After the expiration of the labor contract, the employee continues to work in the original employer. What should I do?
If a labor contract is not concluded at the expiration of the labor contract period and the employee continues to work in the original employer, the provisions of Articles 10, 14, paragraph 3 and 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China shall apply. In this case, because the employer expected the legal consequences of continuing to employ after the expiration of the original labor contract, it was unnecessary to give another one-month grace period. The day after the expiration of the original labor contract is the date when the employer should conclude a labor contract and bear the legal consequences of not concluding a labor contract.
28. What is the identification, starting and ending time and calculation method of "double pay" in Article 82 of the Labor Contract Law?
(3) If the employee is still working in the employing unit after the expiration of the labor contract, and the employing unit has not concluded a written labor contract with the employee, the starting point for calculating double wages is the day after the expiration of the labor contract, and the ending point is the day before the written labor contract is signed by both parties, and the longest period is not more than twelve months.
Guangdong Provincial Advanced Law Arbitration Commission
Summary of the symposium on several issues in the trial of labor and personnel dispute cases
(2065438+June 2002, 2 1)
After the expiration of the labor contract, the employee still works in the original employer, and both parties have not renewed the labor contract for more than one month. Workers who demand to pay double wages according to the first paragraph of Article 82 of the Labor Contract Law shall be supported.
Zhejiang Arbitration Commission
Notice on Printing and Distributing
35. After the expiration of the labor contract, the employee still works in the original employer, and both parties have not signed the labor contract for more than one month. The arbitration commission shall support the laborer's request to pay twice the salary according to Article 82 of the Labor Contract Law.
Regulations of Shandong Province on Labor Contract
Article 57 If a laborer continues to provide labor under the arrangement of the employing unit after the expiration of the labor contract, if the labor contract expires for more than one month but less than one year, and the employing unit fails to renew the labor contract, it shall pay the laborer twice the monthly salary.