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The employee and the employer can sign an indefinite labor contract through negotiation.
If the conditions for signing an indefinite-term labor contract are met, and the employee proposes to sign an indefinite-term labor contract, the employer shall sign an indefinite-term labor contract with the employee.
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.
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The company wants to avoid signing an indefinite-term employment contract with the employee by changing the contract, and the change of the contract requires the consent of both parties, so you have the right not to sign a supplementary agreement and require an indefinite-term employment contract. However, in this case, the employee is generally weak, and the company may terminate the employment contract with you after signing an indefinite contract.
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According to the provisions of the Labor 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 has concluded an indefinite labor contract with the employee on the date of one year from the date of employment. You can sign a fixed-term employment contract, or you can ask the company to sign an indefinite-term employment contract for you, and the decision is yours, not your company.
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The key is, whether you have been in this unit, whether there is any economic compensation for you during the restructuring, if not, you have to continue all the time, and you have to sign an indefinite contract.
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The labor contract may be signed for an indefinite period. Unless the employee proposes to conclude a fixed-term labor contract, an indefinite-term labor contract shall be concluded under any of the following circumstances: 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 employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; The employee has worked for the employer for 10 consecutive years; Other.
Article 10 of the Labor Contract Law of the People's Republic of China stipulates that 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 a worker 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 employee 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.
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