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The labor contract is signed for several years, and the law does not stipulate that the employee and the employer can negotiate with each other. The employer can choose to sign an employment contract with the employee once a year.
However, when the third labor contract is signed, the employee has the right to request the employer to sign an indefinite labor contract with the employer in accordance with Article 14 of the Labor Contract Law.
Article 14 of the Labor Contract Law refers to an indefinite-term 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.
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
When it comes to signing an employment contract, different people make different choices.
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You can sign it once a year or all at once.
Generally, after the expiration of the employment contract, the employee and the employer can negotiate whether to continue to sign the employment contract, and the decision to sign the employment contract once every few years depends on the time of the employment contract and whether to renew it after expiration. The term of the labor contract accelerates the flow of labor factors to a certain extent, and also protects the employer's right to select employees, and does not have much impact on employees. In fact, for the ordinary version of the labor contract, the employer shall be notified three days in advance during the probationary period; After becoming a regular, if you notify the employer 30 days in advance to terminate the labor contract, you can pack up your things and leave as soon as the 30 days are full.
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Legal analysis: The labor contract is signed every few years, and there is no legal stipulation, and the employee and the employer can negotiate with it. The employer can choose to sign an employment contract with the employee once a year.
However, when signing the third labor contract, the employee has the right to request the employer to sign an indefinite labor contract with the employer in accordance with the provisions of the Labor Contract Law.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Normally, the term of the employment contract, which is generally one year or three years, is agreed between the employer and the employee. An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time. Compared with a fixed-term contract, the biggest difference between a fixed-term employment contract and a fixed-term employment contract is that the performance of the employment contract only has a start time and no end time.
What are the types of labor that are divided into labor contract terms?
1. A fixed-term labor contract refers to a labor agreement signed between an employer such as an enterprise and an employee for a certain period of time. At the expiration of the term of the contract, the legal relationship between the two parties shall be terminated. If both parties agree, the contract can also be renewed and the term can be extended;
2. An indefinite term labor contract refers to a labor agreement subscribed by an employer such as an enterprise and an employee without a specified time limit. After joining the work, a worker who has been engaged in production or work in an enterprise or other employer for a long time shall not leave his job without cause, and the employer shall not dismiss him without cause. This type of contract is generally suitable for more technical jobs that need to be carried out on an ongoing basis;
3. A labor contract with a term of completion of a certain amount of work refers to a labor contract in which the term of the contract is determined by the work tasks undertaken by the employee. For example, to complete a certain scientific research, as well as with a temporary, seasonal labor contract.
To sum up, the labor contract is signed for several years, and the law does not stipulate that the employee and the employer can negotiate with each other. The employer can choose to sign an employment contract with the employee once a year.
Legal basis]:
Article 12 of the Labor Contract Law of the People's Republic of China.
Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.
Article 13. A fixed-term employment contract refers to an employment contract in which the employer and the employee agree on the termination time of the contract. The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.
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