Is it possible to request an indefinite contract?

Updated on society 2024-02-09
6 answers
  1. Anonymous users2024-02-05

    Yes, it is possible to request an indefinite employment contract. But you have to bring it up. The specific legal basis is:

    1. 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:

    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.

    2. Regulations on the Implementation of Labor Contracts

    Article 11 Except where the worker and the employer reach an agreement through consultation, if the worker proposes to conclude an indefinite-term labor contract in accordance with the provisions of Paragraph 2 of Article 14 of the Labor Contract Law, the employer shall conclude an indefinite-term labor contract with the employee.

    Hope it helps! Thank you!

  2. Anonymous users2024-02-04

    Yes, if the employee does not object to signing an indefinite-term labor contract, the employer should sign an indefinite-term labor contract with the employee, which is a provision of China's labor contract law.

    However, the provisions of China's labor law that must be proposed by the workers on the upper floor have been amended by the new labor contract law and changed to "no objection", "except for the initial worker who proposes to sign a fixed-term contract".

  3. Anonymous users2024-02-03

    If they want to sign a contract with you and you ask for it, they should sign it for an indefinite period, not necessarily if you don't.

  4. Anonymous users2024-02-02

    It also depends on how you sign the contract.

  5. Anonymous users2024-02-01

    Legal analysis: An employee may request to sign an indefinite-term labor contract, but the following conditions must be met: 1. The employee has worked for the employer for ten consecutive years; 2. When an employer implements the labor contract system for the first time or a state-owned enterprise restructures and re-concludes a labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age.

    Legal basis: Article 14 of the Labor Law of the People's Republic of China The employer and the employee may enter into an indefinite labor contract if they reach a consensus 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 is restructured and re-concludes a labor contract, the person who has worked in 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.

  6. Anonymous users2024-01-31

    Working in a unit, according to the provisions of the Labor Contract Law, a labor contract shall be signed, and the term of the labor contract signed by the labor contract is different, some are one year, three years or five years, and these labor contracts that stipulate a fixed contract time are also fixed-term labor contracts.

    According to the provisions of the Labor Contract Law, since there is a fixed-term labor contract, there will also be an indefinite-term labor contract, and the indefinite-term labor contract is not a contract that requires a lifetime of employment in a certain unit, but refers to the term of the labor contract agreed between the employer and the employee is not fixed, and there is no time for termination.

    Under what circumstances can an indefinite employment contract be signed?

    1. The employee and the employer can sign a fixed-term labor contract without digging through consultation.

    2. According to Article 14 of the Labor Contract Law, an indefinite-term labor contract may be signed under one of the following circumstances.

    1. For those "old employees" in the employer, they have been working in the company for a long time, if they meet the requirements of having worked in a certain unit for ten years from the date of employment, and the requirements for these ten years are continuous. If a worker who has worked in one place for 10 years or more takes the initiative to sign an indefinite-term labor contract, or the employer proposes that the employees be unified, an indefinite-term labor contract should be concluded.

    2. In the restructuring of state-owned enterprises, there are some long-term workers who have worked in the unit for more than ten years since the first implementation of the labor contract system or the signing of the labor contract after the restructuring, and the employee has less than ten years to retire. If an employee who meets the above "two ten-years" requirements to sign an indefinite-term labor contract, or the employer takes the initiative to request the signing of an indefinite-term labor contract, the employee agrees to sign an indefinite-term labor contract.

    3. If two fixed-time labor contracts have been signed, and the worker is competent for the work arranged by the unit, as long as both parties reach an agreement through consultation, the third labor contract shall be signed as an indefinite labor contract.

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