1, resigned voluntarily. I think it is difficult to support the request to apply for double pay from the company without renewing the labor contract. Why? Please see the legal basis:
(1) The Labor Contract Law and its implementing regulations only stipulate that if an employer fails to conclude a written labor contract for more than one month from the date of employment, it shall pay twice the monthly salary. What about your situation? Just don't renew, not without a written labor contract.
(2) The Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (hereinafter referred to as the "Notice") clearly stipulates that after the expiration of the fixed-term labor contract, if the employer fails to dissolve or renew the labor contract and forms a factual labor relationship, it shall be regarded as the renewal of the labor contract. The employing unit shall negotiate the term of the contract with the laborer in a timely manner and go through the renewal procedures. If losses are caused to laborers, the employing unit shall be liable for compensation according to law. So where is your loss? You need to prove it, not directly advocate double pay.
(3) Article 17 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) (hereinafter referred to as "Opinions") also stipulates the above-mentioned problems: the employer and the employee form a factual labor relationship, and the employer deliberately delays the signing of the labor contract, and the labor security administrative department should correct it. If you want to renew your contract, you can report it through the labor and social security department instead of insisting on double pay while resigning.
(4) Interpretation I of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases has made a more perfect provision: "After the expiration of the labor contract, the laborer still works in the original employer, and if the original employer does not raise any objection, it is deemed that both parties agree to continue to perform the labor contract under the original conditions. If one party proposes to terminate the labor relationship, the people's court shall support it. "
Because "if one party proposes to terminate the labor relationship, the people's court shall support it." Therefore, by default, both parties continue to perform the contents agreed in the original labor contract, excluding the time limit agreed in the original contract. If the employer does not renew the contract, it does not have to bear the responsibility of double wages.
To sum up, it is difficult to support the employer's request to pay double wages.