What rights should employees enjoy after the expiration of the five-year labor contract with the company?

After the expiration of the five-year labor contract signed between employees and the company, to safeguard their legitimate rights and interests, we need to focus on two points:

First, how many contracts have you signed with the company and how many years have you worked in the company, because this involves the question of whether to sign an open-ended labor contract.

According to Article 14 of the Labor Contract Law:

Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

(1) The laborer has worked in the employing unit continuously for ten years;

(2) ...

(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.

That is to say, if you have worked in our company for ten years or have signed two fixed-term labor contracts before that, unless you offer to sign a fixed-term labor contract, the company can only sign an open-ended labor contract with you when renewing the labor contract.

The second point to note is whether the company did not renew the labor contract on the grounds of the expiration of the contract and paid the economic compensation according to the regulations. Many people will ignore this point. The key point is: when the labor contract expires, it is not our own initiative to ask not to renew it, but the company proposes not to renew it and also to make financial compensation.

Article 46 of the Labor Contract Law stipulates that:

In any of the following circumstances, the employing unit shall pay economic compensation to the workers:

……

(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; (that is, the labor contract expires).

There is another detail to be noted in this article, that is to say, the company cannot lower the existing agreed conditions in order to make employees voluntarily give up renewing the labor contract and achieve the purpose of not paying economic compensation, such as salary reduction. If this happens, you can still ask the company to pay economic compensation.

As for the standard of economic compensation, it is consistent with the termination of the labor contract through consultation: according to the working years of the laborer in the unit, the standard of paying one month's salary for each full year, the economic compensation for more than six months but less than one year is calculated as one year, and the economic compensation for less than six months is paid as half a month's salary.