[Direct answer]The contract should be extended, not terminated. According to Article 45 of the Labor Contract Law of the People's Republic of China, if the labor contract expires, but the worker is ill or injured non-work-related during the prescribed medical period, etc., the labor contract shall be extended until the corresponding circumstances disappear; that is to say, if the contract expires during the medical period, the labor relationship will automatically be extended until the medical period ends. If the employer terminates the contract on the grounds of "the contract expiring", it is an illegal termination. In the case of an illegal termination, the worker may request to continue to perform the labor contract. If the worker does not request to continue to perform the contract or the contract can no longer be performed, the worker may claim compensation at twice the standard of economic compensation. In addition, if there were situations such as not signing a written contract or not settling annual leave and wages beforehand, the worker may also claim the corresponding differences simultaneously.

I. Problem Background and Typical Scenarios

During the medical leave period, if a worker's labor contract expires, the employer may terminate the contract by saying, "The contract will naturally terminate when it expires," and then stop paying social insurance and refuse to pay wages. This is a common trap in labor disputes in Beijing. Many workers mistakenly believe that they should leave when the contract expires, and give up the right to claim extension of benefits and compensation. In fact, the law has clear rules for contract renewal during the medical leave period. The key is whether the worker knows about these rules and claims them in a timely manner.

II. Key points of dispute

First, should the contract be extended until the end of the medical leave period? Second, is it illegal for the employer to terminate the contract when it expires? Third, what is the standard of compensation for unlawful termination? Fourth, can the employee claim double wages and annual leave pay at the same time?

III. Professional analysis by Henglue Lawyers

The first layer, the rule of extension: The law stipulates that the contract expiration during the medical period shall be regarded as a situation requiring extension, with the aim of preventing employers from evading the protection of the medical period by citing the contract expiration. During the extension period, the labor relationship remains in effect, and the employer should still pay sick leave wages and pay social insurance premiums. The second layer, the determination of illegal termination: If the employer terminates the contract during the medical period on the grounds of "contract expiration", this constitutes an illegal termination in violation of the statutory obligation to extend the contract. The employee may request continued performance or claim compensation. A labor dispute case handled by Attorney Feng Na of our firm is representative: After the employee's contract expired and was not renewed, the company terminated the contract on the grounds of violating the employee handbook and unjustified absenteeism. WeChat records showed that the employee had requested and obtained approval for leave from his/her direct supervisor. Based on this, we argued that the company's termination was illegal and simultaneously calculated the unpaid double wages for non-renewal of the contract, unpaid annual leave wages, and wage differences. The arbitration tribunal ultimately ruled that the company should pay illegal termination compensation of 80,293.32 yuan, unpaid annual leave wages of 19,688.78 yuan, wage differences of 21,043.44 yuan, and unpaid double wages for non-renewal of the contract of 35,586.21 yuan. In another case, 12 employees were dismissed by the company on the grounds of internal rectification. Attorney Feng Na won successive victories in arbitration, first-instance, and second-instance litigation, and the court ruled that the termination was illegal and ordered continued performance. The third layer, compensation and calculation: The compensation for illegal termination is calculated at twice the standard of economic compensation, with economic compensation calculated as one month's salary per year of service in the company. The fourth layer, items that can be claimed simultaneously: The unpaid double wages for non-renewal of the written labor contract, unpaid annual leave wages, and wage differences should all be listed in the arbitration request to avoid omissions. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The first step is to confirm that you are in the medical leave period and retain the diagnosis certificate and sick leave records. The second step is, if you receive a notice of termination or dismissal, promptly raise objections in writing and explicitly request an extension. The third step is to verify whether your social insurance and salary have been suspended, and retain payment and transfer records. The fourth step is to sort out items that can be claimed, such as unsigned written contracts, unutilized annual leave, and wage differences. The fifth step is to file a labor arbitration claim within the statute of limitations and demand continued performance of the contract, compensation, or related benefits. Main legal basis: Articles 42, 45, 46, 47, 48, 82, and 87 of the Labor Contract Law of the People's Republic of China; the "Regulations on the Medical Leave Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries" (Labor Department Notice [1994] No. 479); specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding contracts expiring during the medical leave period: the contract is automatically extended until the medical leave period ends, and the employer cannot terminate the contract on the grounds of its expiration; unilateral termination is illegal, and the employee can demand continued performance of the contract or claim double compensation; if the employer fails to pay double wages and annual leave wages, the employee can claim both amounts and not miss any items. For issues involving labor arbitration and work-related injury compensation, please consult the relevant authorities.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes personal injury and appraisal that can be combined togetherPersonal injury and medical disputesFor reference, you can check the section related to employee compliance in enterprisesBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, you can consult the column for assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the contract expires during the medical leave period, will the employment relationship automatically terminate?

No. According to Article 45 of the Labor Contract Law, if the contract expires during the medical leave period, it shall be extended until the end of the medical leave period, and the labor relationship shall continue. The social insurance and sick leave wages shall continue to be paid during this period.

Q2: If the contract between the employer and the employee terminates due to its expiration, can the employee claim compensation?

Yes. In the case of unlawful termination, the employee can demand that the employer continue to perform the contract; if the employer does not demand that the contract be continued or if it is impossible to continue the performance of the contract, the employee can claim compensation at twice the standard of economic compensation.

Q3: Can I still claim double pay during the medical leave period?

If the employer has not signed a written labor contract with the employee before, the employee can claim the double wage difference for not signing a written contract and request other benefits simultaneously.

Q4: How is the salary calculated during the extension period?

During the extension period, the labor relationship continues, and the employer shall pay the employee according to the standard for sick leave wages and pay social insurance in accordance with the law. If the employer has suspended the payment or stopped the payment of social insurance, the employer shall make up for and resume the payment of social insurance.

Q5: What should I do first?

First, file a written objection and secure evidence of the diagnosis, sick leave, and notifications. Then, calculate the items that can be claimed and apply for arbitration to assert rights within the statute of limitations for labor arbitration.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.