There is automatic renewal of the contract period the unit still pay double wages Zhang January 8, 2009 with a service company signed a labor contract, the contract: Zhang was sent to a company, jobs for executives, each monthly wage of 6,000 yuan, the dispatch period of 2 years, the expiration of the term of dispatch, such as labor units without objection, sent a dispatch period is automatically extended period, or on the basis of labor units notifications. Such as the renewal of the contract period over the term of dispatch, the two sides agreed to the contract expiration date is automatically extended to dispatch. January 8, 2011, Zhang and service companies to renew a two-year term of the contract. January 8, 2013, the labor contract expires, Zhang require no fixed term labor contract renewal was refused service company, Zhang then submitted to the labor law firm did not pay social insurance premiums for April 5 due to proposed labor contracts. Subsequently, Zhang to the local labor dispute arbitration committee complaints for labor companies pay between January 8, 2013 to April 5 date is not double the wage differentials signed labor contracts. Legal issues involved in this case is that labor contracts with automatic renewal provisions deadline, if the unit does not need to pay double the wages of labor contracts? According to the provisions of Article 42 of the "Labor Contract Law": workers have the following circumstances, the termination of the employment contract shall be extended to the case of the disappearance of the corresponding :( a) in front of workers exposed to occupational hazards were not undergo occupational health checks, or suspected occupational disease diagnosis or medical observation; (b) an occupational disease or work related injury and was confirmed to have totally or partially lost the ability to work; (c) a non-work related injury or illness, in prescribed medical treatment period; (d) of female workers during pregnancy, childbirth, breast-feeding. In addition, the continuation of the legal situation also include the following :( a) the employer and the employee according to the provisions of Article 22 of the "Labor Contract Law" agreed service period has not yet expired, the employment contract shall be extended to the service expires; ( b) The primary trade union full-time chairman, deputy chairman or member from office the day, the labor contract is automatically extended for a period equivalent to the period of his tenure; from non-full-time chairman, deputy chairman or the committee members worked day, it has not yet fulfilled shorter than the term of the labor contract, the labor contract is automatically extended until the expiration of the term of office. However, the individual during his tenure except for gross negligence or reached the statutory retirement age; the (three) negotiate on behalf of workers in the labor contract term expires, the business principles should renew the labor contract until the expiry of its term. Term workers' representatives with the same period of the current period of the collective contract. Several cases cited above are "legal continuity" of the situation, the law clearly stipulates that the labor contract is terminated when the above situation continues to disappear. Case, service companies and Zhang agreed in the labor contract expires automatically extended does not belong to any of the circumstances specified in the above terms. So, the labor contract agreed upon the terms of the renewal term of the contract is valid? "Contract Law" to allow the parties free to agree on the terms, including automatic renewals. Although the labor contract both parties are employers and workers, the majority of the parties are unequal status, but also belong to a labor contract agreement, as long as the labor contract does not violate the prohibition law, are binding on both sides . Eventually, the Arbitration Committee finds that Zhang and service companies to renew the terms of the effective period, rejected Zhang's request for arbitration. Employers in the formulation of the labor contract may stipulate automatic renewal clause to avoid the expiration of the labor contract signed labor contracts is not timely paid double the wages of legal risk, but it is worth noting that the continuation of the terms just to avoid the automatic double wages a means of human resource management perspective, the proposed employer to sign a written labor contract, the employer avoids human resource management department of labor contract labor dispute caused by lax management, but also reduce the no written employment contract caused by the labor dispute .

keywords: , , ,