Is the contract automatically extended for 1 year at the end of the contract?

Automatic extension does not need to be agreed, if both parties still perform their respective obligations in accordance with the contract after the expiration of the contract, it is automatic extension, but either party can terminate the contractual relationship at any time. According to the provisions of the law, the automatic extension of an employment contract is generally divided into two types: statutory extension and agreed extension: the statutory extension of an employment contract refers to the expiration of the term of the employment contract, due to the occurrence of some special circumstances, the termination of the employment contract is restricted, and the termination must be postponed until the corresponding circumstances disappear.

A legally extended labor contract should be understood as an automatic change in the term of the labor contract, that is, the fact is formed without the need to be confirmed by the renewal of the labor contract between the two parties, and it is not an act of renewing the labor contract. At the same time, the statutory extension period of the employment contract shall be understood to be within the term of the original employment contract. The extension of the employment contract refers to the expression of intent that the employer and the employee will automatically extend the terms of the original employment contract when either party does not raise an objection to the termination of the employment contract upon the expiration of the employment contract.

According to the current legal provisions and judicial practice in China, it can be seen that this kind of agreement does not violate the prohibitive provisions of the law and is binding on both parties, but this kind of agreement should be understood as the extension of the terms of the original labor contract, and should be the beginning of the new labor contract term in accordance with the law. Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China stipulates that if an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law

1) Workers engaged in operations exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being a patient with occupational diseases during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Sick or injured not due to work, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

In practice, some employers and employees stipulate in their employment contracts that after the expiration of the employment contract, if both parties have no objection to the continued performance of the contract, the contract term will be automatically extended for one year, and the terms of the contract will continue to be valid. Valid at this time, otherwise it is not valid.

Legal analysisLost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basisLabor Contract Law of the People's Republic of China 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.

If a female employee is pregnant and the contract expires, the contract will be automatically extended to the expiration of the lactation period. Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

Legal Analysis: If the parties have agreed on automatic extension in the contract, then the clause is valid. Within one month or so before the expiration of the contract, if both parties do not express their intention to terminate the contract, then the contract will be extended for a certain period of time.

Legal basis: Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Whether it is legal to automatically extend the contract for another year when it expires is as follows:

1. If both parties agree on automatic extension in the contract, then the clause is valid and legal;

2. The automatic extension of the contract term shall be agreed upon by both parties through consultation and clearly agreed in the contract. If one party modifies the term of the contract without the consent or notification of the other party, it is a breach of the contract, a violation of the principle of good faith, and is unlawful.

The contract shall meet the following conditions:

1. Legitimacy: The content and purpose of the contract shall comply with the requirements of laws, regulations and public order and good customs, and shall not violate the mandatory provisions of the law;

2. Voluntariness: The person who repents should enter into a contract voluntarily and equally, and cannot influence the parties' expression of intent by illegal means such as coercion, fraud, and intimidation;

3. Completeness: The contract should contain complete terms and content, and there should be no loopholes and omissions;

4. Clarity: The terms and contents of the contract should be clear, clear and specific, and there should be no ambiguity and uncertainty;

5. Performance: The content and terms of the contract should be feasible and enforceable, and there should be no unperformable or unrealizable circumstances.

To sum up, it is recommended that the parties carefully review the terms of the contract when signing the contract to ensure that their legitimate rights and interests are protected.

Legal basis

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 143.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should be properly approved and other formalities, it shall be hidden in accordance with its provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

The automatic rollover clause is valid upon expiration of the contract. According to article 143 of the Civil Code, a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 470 stipulates that the content of the contract shall be agreed upon by the parties and generally include the following clauses: (1) the surnames or names and domiciles of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 470:The content of a contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.