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Should the property service be notified three months in advance if the contract expires or is not renewed?
Legal analysis
Generally speaking, when a labor contract expires, the company should notify it 30 days in advance. However, neither the Labor Law nor the Labor Contract Law stipulates that the unit must notify 30 days in advance if it does not renew the fixed-term labor contract, depending on whether the local labor law stipulates it or whether the labor contract is agreed. If there is a regulation or agreement, either party does not need to inform the other party in advance, and it shall be implemented in accordance with the regulation or agreement. If the labor contract is not dissolved or renewed due to the employer's reasons, and the employee continues to work in the employer and forms a factual labor relationship, it shall be regarded as continuing to perform the labor contract. Therefore, the unit does not need to notify in advance not to renew the contract, but the unit shall issue a valid certificate of dissolution or termination of the labor relationship for the employee within seven days from the date of dissolution or termination of the labor contract. Workers can go through the unemployment registration formalities directly with valid proof materials. You can get unemployment insurance. If the unit fails to handle the above certificate on time, it shall be deemed that the labor contract continues to be performed and economic compensation shall be paid according to the regulations. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
legal ground
Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.
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