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When the service contract between the property company and the community expires, how can employees compensate?
Legal analysis
If the property company terminates the contract in advance, it needs to pay economic compensation. According to the working years, one month's salary is compensated for each year of work. The underpaid social security can go to the social security bureau to complain, and the social security bureau will order the unit to pay back. You can also ask the company for overtime pay. If there is a labor dispute, you can complain to the Labor Bureau or apply for labor arbitration to the labor arbitration committee where the company is located. Six months before the expiration of the realty service contract, the owners' committee or the realty management committee shall organize the owners to decide to renew or hire other realty service providers, and inform the original realty service provider of the decision in writing. If the original realty service provider accepts the renewal of employment, both parties shall re-sign the realty service contract before the expiration of the realty service contract. If the property service provider does not accept the renewal of the lease, it shall notify the owners' committee or the property management committee in writing 90 days in advance. When the term of the realty service contract expires, and the owner fails to make a decision on renewing or hiring the realty service provider, and the realty service provider continues to provide services according to the original contract, the rights and obligations of the original contract will continue. During the extension of contract rights and obligations, either party shall notify the other party in writing 60 days in advance if it proposes to terminate the contract.
legal ground
Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this 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. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
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