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It's hard to say it's not legal.
In 2008, the employer signed a five-year labor contract with you, and as of January 1, 2010, you were still working in the employer It is an indisputable fact that you have had an employment relationship with the employer during these two years, and this will not be erased by the re-signing of the labor contract. At present, in addition to signing the contract, the labor and social security department also goes through the procedures for paying social insurance, and the unit should pay the annual insurance premiums for you, and the social security department will have written procedures for you to pay the insurance premiums. If you do not agree to accept the terms of the new contract, you can submit comments to the unit, because you say that the unit re-signed the contract in order to pay the insurance premium, then you can request the unit to extend the contract period of the new contract to the original five-year deadline.
If you don't mention it, after five years, when a lawsuit starts and you sign a new contract, then the employer may raise your objection if you don't raise an objection at that time, indicating that you have agreed to change the terms of the new contract.
It is not impossible for the employer to re-sign the contract, but it should be signed on the basis of the original contract, and unless you have no opinion on the terms of the new contract, you should raise your objection.
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The employer may enter into a supplementary agreement on the re-application of insurance under the condition that the term and content of the original labor contract remain unchanged, and the term of the re-signed contract will be shortened, which is not conducive to the interests of the employee, and the employer shall not unilaterally change the term and content of the labor contract without the consultation and consent of both parties.
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Legal analysis: If the signing of a duplicate contract meets the requirements for the validity of the Contract Law and the Civil Law, it should be presumed that the contract is legally valid and protected by law.
Legal basis: Civil Code of the People's Republic of China
Article 143: Civil law explicit and hidden acts that meet the following conditions are valid:
1) The actor has the corresponding capacity for civil conduct, (2) the expression of intent is true, and (3) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.
Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.
The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
Article 147:The perpetrator has the right to request that the people's court or arbitration body revoke civil juristic acts carried out on the basis of a major misunderstanding.
Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.
Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it.
Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.
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Whether a duplicate contract is valid or not depends on the situation. If the contracts are concluded in accordance with the law, the content is consistent, and the content is unchanged, it is valid; If there is a conflict in content, the parties may negotiate to determine which contract shall prevail or, if the later contract is a supplement to the previous contract, the later contract shall prevail.
[Legal basis].According to Article 143 of the Civil Code, which came into force on January 1, 2021.
A civil juristic act that meets the following conditions is 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 470.
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) the price or remuneration of the bridge;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of resolving disputes over the opening of the grandson.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Legal analysis: Labor contracts cannot be signed repeatedly. Although the law does not prohibit an employee from signing an employment contract with two different employers, in practice, the employer does not allow the employee to enter into an employment relationship with two different employers at the same time.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China If an employee establishes a labor relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the employer, or the employee refuses to make corrections after being proposed by the employer, the employer may terminate the labor contract.
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If the signing of a duplicate contract meets the requirements for the entry into force of the provisions, it should be presumed that the contract is legally valid and protected by law. When entering into a contract, the parties shall have the corresponding capacity for civil rights and civil conduct. The parties may entrust a person to conclude a contract in accordance with the law.
[Legal basis].
Article 114 of the Civil Code: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
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