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Need. If the labor contract expires, the labor contract shall be renewed in a timely manner. If two labor contracts have been signed, an indefinite-term labor contract shall be concluded when renewing the labor contract, unless the employee proposes to conclude a fixed-term labor contract.
Legal basis: Labor Contract Law
Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years;
2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;
3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.
If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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Want. The next time you sign it should be an indefinite term employment contract.
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Whether you are the first time or the second time you are hired, you have to sign a labor contract, which is a guarantee for your personal interests, and the first labor contract signed after your first entry has been terminated, so you need to sign a new labor contract when you re-enter the company.
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The second entry of an employee refers to the re-establishment of an employment relationship with the original employer after the employee terminates the employment relationship with the employer. The first thing that employees need to pay attention to when they re-enter the second unit is the probationary period, first of all, if they are re-employed in the same unit, the unit can not set up a probationary period again, if it is a new company to work, you can set up a probationary period of one to two months, and then summarize the reasons for your resignation last time, and you must work hard at work and do not make mistakes repeatedly.
Legal analysisAs long as it meets the employment specifications, and at the same time, it must be recognized by the employer, and it can be re-employed. If an employee rejoins the company after terminating the employment relationship, he or she must sign a new employment contract. The Labor Contract Law emphasizes that "two consecutive contracts" are signed, and there can be no interruption in between.
That is, if an employee signs an employment contract with the same employee, terminates the labor contract, and signs an employment contract again, the provisions of the Labor Contract Law that "if the employee signs two fixed-term employment contracts with the enterprise in a row, if the employee proposes to renew the employment contract, the enterprise shall sign an indefinite-term employment contract with the employee". If an employee resigns and rejoins the company, if the employer has previously signed a labor contract with the employee and agreed on a probationary period, the employer cannot agree on a probationary period with the employee if the employee rejoins the company. The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Legal basisArticle 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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The second entry is still required to sign an employment contract to stipulate the rights and obligations of both parties.
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Do I need to sign a new employment contract for the second time? It is necessary to sign an employment contract for entry.
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