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It means that if one of the provisions of the Double Ten is satisfied, an indefinite-term labor contract shall be concluded unless the employee himself proposes to conclude a fixed-term labor contract.
That is, if an employee has actually worked in an employer for 10 years or has worked continuously for 10 years and is less than 10 years away from retirement, he or she shall conclude an indefinite labor contract.
Labor Contract Law of the People's Republic of China.
Article 14 clearly stipulates that in any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the worker's proposal to conclude a fixed-term labor contract:
The employee has worked for the employer for 10 consecutive years, or the employer has implemented the labor contract system or the state-owned enterprise restructuring for the first time.
At the time of re-entering into the employment contract, the employee must have worked for the employer for 10 consecutive years and is close to the statutory retirement age.
Less than 10 years.
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I'll make it simpler, in the vernacular.
First of all, the provisions of the labor contract should not be interpreted in a way that only refers to the labor law, but should be interpreted in combination with the labor law and the labor contract law implemented in 08. Labor law can be regarded as a basic law of labor law.
The Double Ten Provisions refer to indefinite-term employment contracts.
According to the provisions of the above two laws.
There are several conditions under which an employee is required to sign an indefinite employment contract.
1. Have worked in the same unit, company or institution for more than 10 years. The law also recognizes de facto employment relationships.
2. When the labor contract is resigned, the employee has worked for the employer for 10 years and has reached the retirement age for less than 10 years.
This is the Double Ten.
3. Sign two fixed-term labor contracts.
4. Less than 5 years before retirement, the employer shall not terminate the labor contract of the employee.
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It's about an indefinite term employment contract that is an indefinite employment contract.
In both cases, it is regarded as an indefinite employment contract.
1.I have been working in the company for 10 years.
2.When I first signed or re-signed an employment contract, I had been with the employer for 10 years and had been retired for less than 10 years.
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Article 14 of the Labor Contract Law stipulates that an employer shall sign an indefinite labor contract with an employee under certain circumstances, including: the employee has worked for the employer for 10 consecutive years; When an employer implements the labor contract system for the first time or re-concludes a labor contract due to the restructuring of a state-owned enterprise, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age. These two provisions are referred to as the "Double Ten" provisions.
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The contract period can be completed.
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This is a condition for the employee to sign an indefinite contract with the employer. It means that if an employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age, and the employee requests to sign an indefinite term labor contract, the employer will regret that the employer must sign an indefinite labor term contract with the employee.
By entering into an indefinite labor contract, workers can work in one unit or department for a long time, which is also conducive to achieving long-term and stable employment.
You are also welcome to raise other questions about the labor contract, or inquire about the labor law and the labor contract law, I hope it can help you.
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