[Direct answer]In the Beijing area, if the contract expires and is not renewed, but the worker continues to work and the employer continues to employ them, the labor relationship between the two parties will continue, constituting a de facto labor relationship. According to Article 82 of the Labor Contract Law of the People's Republic of China, if the employer fails to sign a written contract within one month after the worker starts working, the employer shall pay double wages; if the contract expires and is not renewed, the employer shall generally calculate the arrears of double wages from the first month after the expiration of the contract, with a maximum of 11 months. If the employer terminates the contract without justifiable reasons, it constitutes an illegal termination, and the employer shall pay compensation according to Article 87 (at twice the standard of economic compensation). It is recommended to keep records of salary payment, attendance, and work arrangements, and refer to them for reference.Labor arbitration and legal services for work-related injury compensationEvaluate the case.

1. Problem background and typical scenarios

When a contract expires and is not renewed, but the employee continues to work, this is a common situation leading to labor disputes. Typical scenarios include: the company verbally saying "just keep working for now and we'll sign the contract later," but still failing to sign it months after the expiration date; the company delaying contract renewal due to poor performance, yet still scheduling shifts and paying salaries as usual; being suddenly dismissed after the contract expires and refused any compensation; and HR denying the obligation to pay double wages on the grounds of "automatic renewal." In such situations, workers often mistakenly believe that without a contract, there is no protection. However, the law clearly protects de facto employment relationships. For cases involving wage arrears and compensation claims, the following measures can be taken:Labor arbitration and legal services for work-related injury compensationCoordinate and safeguard rights and interests.

II. Key points of contention

There are three key factors in determining the outcome of such disputes. First, whether an actual employment relationship exists: if the contract expires and is not renewed but the employer continues to employ the worker, it is deemed that the employment relationship continues under the original terms, and the employer cannot deny the existence of the employment relationship by claiming that the "contract has expired". Second, the starting and ending dates of the double-wage payment and the arbitration statute of limitations: generally, it starts from the first month after the expiration of the contract, and a one-year arbitration statute of limitations applies. Some regions have detailed rules on the starting date of the statute of limitations. Third, whether the termination is legal: if the employer terminates the employment of a worker who continues to be employed after the contract expires by claiming that the "contract automatically terminates upon expiration", it lacks legal basis and is often deemed an unlawful termination. In cases involving the confusion of employment entities or the transfer of employees between related companies, special attention should be paid to verifying the entities responsible for wage payments and social insurance contributions.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has handled a large number of disputes over non-renewal of employment contracts. In practice, employers often raise two defenses: first, "the contract naturally terminates and no compensation is required"; second, "the employee refuses to renew the contract". In response to this, we should refute these arguments respectively: continued employment constitutes a de facto labor relationship, and termination must be notified in accordance with the law; if the employer cannot prove that the employee refused to sign the contract and the employer has provided the contract text, double pay may still be supported. Taking a case handled by our firm as an example: after the worker's contract expired, the worker continued to work. Several months later, the company dismissed the worker on the grounds of absenteeism. Henglue Law Firm retrieved the WeChat leave records and pay slips to prove that the leave had been approved and the de facto labor relationship existed. The arbitration committee supported the compensation for unlawful dismissal, unpaid annual leave wages, and the unpaid double pay difference, totaling more than 150,000 yuan. This case was handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The main legal basis includes Article 10 (written contract conclusion), Article 82 (double wages for unsigned written contracts), Article 47 (calculation of economic compensation), Article 87 (compensation for illegal termination), and Article 46 (circumstances of economic compensation) of the Labor Contract Law of the People's Republic of China (effective January 1, 2008, amended on December 28, 2012); as well as Articles 6 and 7 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China regarding the requirement of double wages for uncontracted employment exceeding one month. Practical advice: Initiate contract renewal and keep records before the expiration date; if the contract is not renewed but the employment continues, claim double wages starting from the first month after the expiration date, and pay attention to the one-year arbitration statute of limitations; if you are dismissed, immediately fix the evidence of termination and consult a professional lawyer to avoid missing the window for providing evidence.

5. Henglu Law Firm's Reminder

The expiration of the contract is not an "exemption from liability" for the employer. Continuing to employ the worker will form a de facto employment relationship. If no written contract is signed, the employer must pay double the wages. If the worker is dismissed without justification, the employer must pay compensation. Workers should not put off signing the contract just to save face, but should instead keep records of their wages, attendance, and work to form a chain of evidence. If the employer delays signing the contract or suddenly dismisses the worker, they should consult a professional lawyer as soon as possible to grasp the arbitration time limit and the opportunity to provide evidence. For more procedures and materials preparation, please visitLabor arbitration and legal services for work-related injury compensation.

VI. Frequently Asked Questions

Q1: If the contract expires and is not renewed, but I continue to work, can I get compensation?

Yes, but it depends on which claim you're making. First, the unpaid double wages for non-renewal of a written labor contract: Starting from the day after the expiration of the contract and the continuation of employment for one month, the company should pay double wages, up to a maximum of eleven months (according to Article 82 of the Labor Contract Law and its implementing regulations). Second, if the company terminates your employment without a legitimate reason, it constitutes an illegal dismissal and you should be compensated at twice the standard of economic compensation (Article 87). Third, if you voluntarily resign due to the company's failure to pay social insurance or unpaid wages, you can claim economic compensation (Article 46). The key is to prove that "you were still working, accepting management, and receiving compensation after the contract expired". Keep good records of your salary payments, attendance, and work group and shift schedules, and consult a professional lawyer if necessary.

Q2: What evidence do I need to prepare to claim double pay and compensation for unlawful termination?

The key point is to prove that "the employee was still working, subject to management, and benefited the company after the contract expired". It is recommended to prepare the following documents: the original labor contract (to prove the expiration date); bank statements and pay slips after the contract expired (to prove continued salary payments); DingTalk or attendance records, shift schedules, and access control records; work emails, communication in WeChat work groups, and task assignments; termination notices or chat records of dismissal. If the employer claims that the contract has already been terminated, the employee should require the employer to provide evidence of the termination notice and the handover process; if the dismissal was oral, the employee should record the conversation and request a written termination certificate in writing. The more evidence forms a closed loop, the more stable the claims for double pay and compensation will be. If necessary, hire a lawyer to apply for an investigation order to retrieve the company's accounting records.

Q3: How much does it cost to hire a lawyer to handle this kind of lawsuit, and can the compensation cover the costs?

Lawyers' fees are usually related to the subject matter of the case and its complexity, and can be calculated on a per-case basis or as a percentage of the subject matter value. The specific fees shall be subject to the terms of the retainer agreement. Our firm does not make any guarantees regarding the outcome of individual cases. From the results, the amount that can be claimed in such cases is often higher than the cost of protecting rights: the difference in double wages is calculated based on the wages during the un-signed period, and the compensation for unlawful termination is twice the amount of economic compensation (the economic compensation is calculated based on the length of service, with one month's wages for each completed year), and the wages for unpaid annual leave are calculated separately. Taking the above-mentioned case handled by our firm as an example, the worker ultimately received compensation including the difference in double wages, compensation for unlawful termination, and other items, with the total amount sufficient to cover the reasonable cost of protecting rights. It is recommended to first evaluate the evidence and the amount before deciding whether to hire a lawyer.

Q4: How long does it take from applying for arbitration to receiving compensation?

The general process is as follows: After the labor arbitration is accepted, the case is usually concluded within 45 days, and the case can be extended by 15 days if it is complicated; if the party is not satisfied with the arbitration decision and files a lawsuit, the first-instance ordinary procedure usually takes about six months, and the second-instance procedure takes about three months. Mediation or final arbitration decisions are even faster. If the employer voluntarily fulfills the obligations, the process will be faster; if it enters the enforcement stage, it will take more time. Requests for double wages and compensation can usually be handled together during the arbitration stage. It is recommended to apply as soon as possible to avoid exceeding the one-year arbitration statute of limitations. The specific timeframes vary depending on the region and the case, and you can refer to them for more information.Labor arbitration and legal services for work-related injury compensationUnderstand the pace of the program.

Q5: The company has neither renewed my contract nor dismissed me, but has kept making me work. What should I do?

This is precisely the situation in which you can claim double pay. Suggestions: First, request the company in writing to renew the labor contract and keep the communication records; Second, continue to attend work as usual, keep the payroll and attendance records to prove the existence of the actual labor relationship; Third, starting from the month following the expiration of the contract, you have the right to claim the unpaid double pay difference (up to a maximum of 11 months); Fourth, if the company subsequently terminates the contract without justifiable reasons, you can claim the compensation for unlawful termination. There's no need to wait passively. You can apply for arbitration to confirm your rights within the statute of limitations and, if necessary, hire a professional lawyer to assist you.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.