Regret After Refusing To Renew The Contract Has Become A Reality.

Sumu refused to renew the contract and regretted it, and issued a notice of revocation of the last discontinuation of the contract. Could the notice be revoked?

What about it?

Since December 1, 1992, sumou has been working for a company in Ji'nan.

The last labor contract signed between the two sides is from January 1, 2007 to December 31, 2013.

In November 20, 2013, the company issued a notice of intention to renew the labor contract to sumou, maintaining or improving it.

On the basis of the agreed conditions, ask sumou whether to renew it.

Sumou signed that it would not renew.

In December 31st, sumou sent a notice to the company through express mail, and decided to cancel the intention not to renew the agreement, and agreed to continue to sign a labor contract.

But the company did not pay any attention to it and terminated the labor relationship.

In January 9, 2014, sumou filed an arbitration application with the Ji'nan City Central Labor and personnel dispute arbitration committee, demanding that the company pay illegal termination of the labor contract.

111120 yuan.

The Arbitration Commission ruled that the arbitration request of Sumu was dismissed, and sumou went to the central district court.

The labor contract between sumou and the company ended in December 31, 2013.

At the same time, according to the provisions of the forty-sixth articles and fifth items of the labor contract law, the employer maintains or improves the conditions stipulated in the labor contract, renews the labor contract, and if the worker does not agree to renew the contract, the employer does not have to pay the economic compensation.

In the end, the court decided to reject sumou's claim.

The court held that: the company issued a notice of intention to renew the labor contract to sumou before the expiry of the labor contract, expressly expressed the renewal intention of the company to maintain or improve the conditions stipulated in the labor contract, and sumou also explicitly expressed the idea of not renewing the contract.

According to the provisions of the sixteenth and 26 articles of the contract law, the company issued a renewal offer, and sumou made it clear that it refused to offer an offer. The renewal of the labor contract ended with Su's refusal to offer.

Since then, sumou issued a notice of revocation of the same matter to the company, but according to the twenty-seventh provision of the contract law, the notice of withdrawal should reach the offeror before the acceptance notice arrives at the offeror or at the same time as the acceptance notice. Therefore, the notice of revocation of sumou cannot be revoked before it is rescission.