Is it illegal to terminate the labor contract if the labor contract is terminated after renewing the

1. Life cases

From April 5, 2016 to May 1, 2021, Wang renewed the Labor Contract with Company A five times after the expiration of the contract. On April 13, 2022, Company A informed Wang that the labor contract signed this time would expire on April 30, 2022 and that the labor contract would not be renewed. Later, due to the epidemic, Company A informed Wang that the labor contract between the two parties would expire on May 31, 2022. On June 20, 2022, Mr. Wang applied for labor arbitration, demanding that Company A pay compensation for the illegal termination of the labor contract and twice the wage difference for not signing an indefinite-term labor contract.

The arbitration commission did not support it, and Wang filed a lawsuit.

The court of first instance held that according to the emails exchanged between the two parties and the notice issued by Company A to Wang, it can be seen that Company A clearly informed Wang not to renew the contract before the expiration of the labor contract on April 13, 2022, and then due to the epidemic, the original labor contract continued to be extended until the end of the epidemic on May 31, 2022. It can be seen that the above-mentioned acts of Company A did not violate the law and illegally terminated the labor contract, and Wang's claim for compensation for illegal termination of the labor contract has no factual and legal basis and is not supported.

Mr. Wang asserted that Company A should have signed an indefinite-term employment contract with him from May 1, 2020, while Company A made it clear that the Company was not willing to establish an indefinite-term employment relationship with Mr. Wang. From the signing of the first employment contract on April 5, 2016 to the signing of the last employment contract on May 1, 2021, each contract signed by the parties during the period shall be legal and valid if there is no evidence to prove that there is a situation against the will of both parties. According to the relevant laws and regulations, if a fixed-term labor contract is concluded twice in a row and the labor contract is renewed, the employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. It can be seen that for entering into two or more fixed-term employment contracts in a row, the condition for entering into an indefinite-term employment contract is that both parties have the intention to renew the contract. At present, Company A has clearly stated that it has no intention to renew the labor contract before the expiration of the last fixed-term labor contract, so even if Wang requests to sign an indefinite-term labor contract, it does not meet the statutory circumstances for signing an indefinite-term labor contract. To sum up, Wang's claim that Company A should pay twice the difference in wages for not signing an indefinite-term labor contract has no factual and legal basis and is not supported.

The court of first instance rejected Wang's claim.

Wang was dissatisfied and appealed.

The court of second instance held that when the court of first instance rejected Wang's claim, it had already explained in detail the reasons for the judgment, which were correct, and the judgment made on this basis was not improper.

The court of second instance rejected the appeal and upheld the original judgment.