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Hello! 1。You can request to sign an indefinite employment contract with the employer, and the employer has the right to decide whether to agree or not.
2。Article 14 of the Labor Contract Law stipulates that an employer must sign an indefinite labor contract with an employee under the following statutory circumstances:
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.
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After 2008, if an employee signs a fixed-term labor contract with the employer twice in a row, the third employee may request the employer to sign an indefinite-term labor contract with him.
Hope is satisfied with the answer 0
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I guess that's not possible.
No, you can't
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Summary. Hello, you have worked in a company for 5 years, and you can negotiate compensation when the contract expires every year. Legal basis:
The Labor Law promulgated special provisions: if the employer unilaterally does not renew the contract after the expiration of the contract, the employer shall also pay the employee economic compensation (the economic compensation is paid for one month for each full year, the economic compensation for more than six months and less than one year is calculated as one year, and the economic compensation for half a month's salary is paid for less than six months). FYI.
Hello, you have worked in a company for 5 years, and you can negotiate compensation when the contract expires every year. Legal basis: The Labor Law promulgates special provisions:
If the unit unilaterally does not renew the contract after the expiration of the contract, the employer shall also pay the employee economic compensation (the economic compensation is paid for one month for each full year, and the economic compensation for more than six months and less than one year shall be calculated as one year, and the economic compensation for half a month's salary shall be paid for less than six months). FYI.
Can you win the case? And what if the company never pays social insurance to its employees.
Dear, there is no need to sue, the company should pay you compensation in accordance with the labor contract law. The compensation standard has been answered for you above.
If an employment contract is signed, but the employee is not formally delayed in paying social insurance, labor arbitration should be initiated first. If you have any objection to the outcome of the arbitration, it is recommended that you file a lawsuit with the court for a labor contract dispute and ask the court to order the company to pay back social insurance. There is a high probability that the prosecution will be successful.
FYI. Where's the open.
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After 6 years, you have not signed a contract, and now the boss of the company has arranged to go to another company, and you don't want to recover your losses, you can apply for labor arbitration and ask the company to pay economic compensation. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
I have worked in a company for more than 10 years, I have not signed a contract after 16 years, and now the boss of the company has arranged to go to another company, and I regret that I don't want to go, so the boss tells me to resign voluntarily. I don't want to do it anymore, how can I recover my losses?
After 6 years, you have not signed a contract, and now the boss of the company has arranged to go to another company where he has written a draft, and you don't want to recover your losses, you can apply for labor arbitration and ask the company to pay economic compensation. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
The relevant law stipulates that the employee shall be paid twice the monthly salary from the date on which the indefinite labor contract shall be concluded. If you have not applied for social insurance in accordance with the law, you should also pay the corresponding insurance premiums. If the employee has worked for the employer for 10 consecutive years, the employer shall conclude an indefinite labor contract with the employee.
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. If the school does not apply for social insurance for your mother in accordance with the law, it should also pay the corresponding insurance premiums.
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Yes, according to the Labor Contract Law of the People's Republic of China, an indefinite-term labor contract shall be concluded under the following circumstances:
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.
He didn't renew the contract with you and you can apply for compensation.
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It is possible to sign a fixed-term contract for two consecutive times.
An indefinite employment contract should be signed.
The employer shall not terminate the contract at will.
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Paragraph 2 of Article 14 of the Labor Contract Law stipulates that "the employee has worked for the employer for 10 consecutive years", and under such conditions, "if the employee proposes or agrees to renew or conclude the labor contract, the employee shall conclude an indefinite-term labor contract in addition to the employee's proposal to conclude a fixed-term labor contract". In other words, this does not mean that if the employee has worked continuously for ten years, the two parties must sign an indefinite-term labor contract, and if the employee proposes it, it is also legal to sign a fixed-term labor contract. At present, it is the employer who proposes to sign a one-year fixed-term labor contract, but once it is signed, it may be difficult for the employee to prove that it is not the employee, and if a dispute arises in the future, it will not be easy to find the act invalid or to revoke the act.
If you have signed a fixed-term employment contract for one year now, after the expiration of this employment contract, according to Article 46 of the Employment Contract Law, you can only receive economic compensation in accordance with Article 47 if you do not agree to renew the employment contract and terminate the employment contract relationship if the employer reduces the terms and conditions of the employment contract. If the employer maintains or improves the terms and conditions of the employment contract and renews the employment contract, and you do not agree to renew the employment contract, you will not be entitled to economic compensation.
If you now propose to your employer that you should sign an indefinite labor contract with you in accordance with the law, and the employer refuses to terminate the labor contract relationship with you on this basis, you may rely on Article 40 of the Labor Contract Law.
Article 47 requires them to pay economic compensation.
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1. If you agree, you can. However, if you have been working for the company for more than 10 years, if there is no interruption in the middle, the company should sign an indefinite contract with you.
2. There is no disadvantage for you to renew, if the company terminates the contract with you after 1 year, the company will pay compensation. If you want to terminate the contract, the company will not pay compensation.
3. The compensation is calculated from 08 years, every 1 full year is calculated as 1 month's salary, 1-6 months are paid for half a month, 6 months-1 year is calculated as 1 year, and the compensation salary is the average salary of the 12 months before your resignation.
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Article 14 of the Labor Contract Law stipulates that 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 unless the employee proposes to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years;
According to the above provisions, the employer should sign an indefinite labor contract with the employee, and it is recommended that you propose to the employer to sign an indefinite labor contract until retirement, and it is not beneficial to you not to mention resignation or compensation to the employer. As long as the unit pays social security on time, it is fine.
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It can be considered as an open-ended contract.
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If the employment contract does not have a definite term, it shall be regarded as an indefinite term employment contract.
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No matter how long you have worked in the company, you must sign a labor contract, one is to protect your personal rights and interests, and the other is to have a corresponding legal basis, in case of disputes, this is a good proof material.
Employees have worked in a company for more than 15 years, indicating that the company is more recognized, and your ability can also meet the requirements of the company's position.
I had a friend who had worked in a company for 5 years, and when he first entered, he signed a 3-year contract with the company, during which he worked very hard and made a lot of achievements, and soon the three-year period expired, and because he was busy with work, he forgot about the renewal, although HR also reminded him many times, but always forgot. He was supposed to renew the contract but did not sign it, and as a result, something unpleasant happened with the company, and he wanted to leave, but many things were not guaranteed to renew the contract, and as a result, he had many rights and interests that were not well protected, which is really a pity.
Later, after the introduction of the new labor law, it is stipulated that if the contract is not renewed for a long time in the company, it is considered that the contract is signed for an indefinite period, which also has legal effect, which is a good guarantee for the laborer, but it is better to sign the contract, after all, there is a black and white letter in the hand, it is always safer.
No matter what company you work in, the labor contract is the basic guarantee for employees, in addition to getting a salary, there are many things other than wages that we pay attention to, and the labor contract will explain the benefits and guarantees that many employees can obtain, so everything must have a sense of law to prevent accidents.
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It has been automatically converted to an indefinite contract!
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If you sign a long-term contract, you can also be dismissed if the employer pays compensation.
If the contract expires and the unit does not renew, it is enough to pay compensation.
It is recommended to take a look at the provisions of Chapter 4 of the Labor Contract Law, whether the employer will continue to use you or not has little to do with the length of the contract.
Labor Contract Law
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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It's good to sign for a year or two! In the future, if the company is sluggish, you can leave. As long as you work hard and make achievements, the benefits will be good, and if you don't want to leave, the boss will keep you, and it's not too late to sign again.
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You can go to the HR section and ask!
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According to the provisions of the Labor Contract Law, since the employer has also established an employment relationship with you, you can request to sign an indefinite employment contract. If the negotiation fails, the applicant may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for arbitration. It is advisable to seek legal help from a lawyer!
Lawyer Jian Jun.
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