No matter what the economy is, there are always those iron rice bowl employers who need to maintain continuous labor relations with all the original workers in order to ensure social stability. At the same time, it is generally customary to sign a labor contract for a fixed number of years, so in the absence of explicit provisions in the law, can the question of who should first propose to renew the labor contract signed by the employer and the employee, and who should bear the responsibility if the contract is not renewed, in the absence of express provisions in the law?
A signed employment contract is bound to be the result of the agreement of both parties, and from the perspective of the principle of equality, it seems that whoever takes the initiative to renew the invitation can do so. But what if both sides forget?Who's responsible?
If we look at the provisions of Article 1 of the Labor Contract Law (If a labor relationship is established and a written labor contract is not concluded at the same time, a written labor contract shall be concluded within one month from the date of employmentIf the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage) When the employer decides to maintain the employment relationship between the two parties (express or implied), if it fails to renew the written labor contract in a timely manner, it shall bear the adverse consequences (double the salary, converted to an indefinite term labor contract).
At first glance, it seems to make sense, but it lacks consideration that "the employee does not agree to renew the labor contract after it expires".Article 46 of the Labor Contract Law is supplementedIf the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the employer may terminate the labor contract without paying economic compensation.
Therefore, if the contract is not renewed after expiration, if both parties forget to mention it, it will be deemed that both parties have agreed to sign an indefinite labor contract, and the employer shall bear the responsibility for the adverse consequences first.