On the issue of indefinite term employment contracts

The question is not clear, what is the date of signing of the employment contract that you are currently performing? What is the agreed service period? How many labor contracts have been concluded (including renewals) since August 08?

1. If your current labor contract was signed in August 08 and the agreed service period is up to now, you cannot ask the company to sign an indefinite labor contract, nor can you require the company to pay twice the salary in accordance with Article 82 of the Labor Contract Law.

2. If no labor contract has been signed since 08 years, it can be regarded as an indefinite labor contract; However, it is still necessary to re-sign the written contract; At the same time, you can ask the company to pay twice the salary for the entire service period since August 08 according to the above clauses, and you are not allowed to determine the "probationary period", that is, it should be determined that there is no probationary period.

3. The double salary of all the service periods in the above 2 is divided into two parts in the time period, one is the part that the factory must pay because it has not signed a labor contract with you from August 08 to July 09; The second is that since August 09, the factory has not signed the part of the labor contract that has not been signed due to the signing of an indefinite term labor contract.

If you return to work in August 08 but have not signed a labor contract, it is indeed deemed that you have signed an indefinite labor contract with the company, but the company is still obliged to sign a labor contract with you. You can also claim 11 months' wages from the company for which you have not signed an employment contract.

You have not signed a labor contract since you came to work in August 08, and the insurance relationship and personnel relationship have not been transferred, according to the provisions of the Labor Contract Law, you should sign a labor contract and give double wages. However, the exception is the legacy of history.

An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The term "indefinite termination time" here refers to the fact that there is no exact termination time for the employment contract, and the length of the employment contract cannot be determined, but it is not that there is no termination time. As long as there are no conditions prescribed by law or agreed upon by both parties, both parties must continue to perform their obligations under the labor contract.

An indefinite employment contract can also be terminated in the event of a legal circumstance.

Due to the lack of a correct understanding of the indefinite-term labor contract system, many people believe that an indefinite-term labor contract cannot be terminated once it is signed. Therefore, many workers regard an indefinite-term employment contract as a talisman and do everything possible to sign an indefinite-term employment contract with the employer. On the other hand, employers regard an indefinite-term employment contract as a lifelong burden and try to evade the legal obligation to sign an indefinite-term employment contract.

1. The difference between an indefinite-term labor contract and a fixed-term labor contract.

1. The labor contract does not stipulate the duration of the contract, which is a distinctive feature of the indefinite-term labor contract that distinguishes it from the fixed-term labor contract;

2. Unless there is a statutory or agreed termination of the contract, the contract will not be terminated until the employee retires, so the indefinite term labor contract has strong stability. The employment contract may exist within the legal working age of the employee and the duration of the existence of the enterprise, and the employment contract will only be terminated if the special circumstances stipulated by laws and regulations are met. It should be mentioned that when an indefinite-term employment contract is terminated by agreement, the employer is required to pay the employee the corresponding economic compensation, so when concluding the employment contract, the employer shall not stipulate the statutory termination conditions as the agreed reason for termination in the employment contract.

This type of labor contract is mainly applicable to professional or technical positions, types of work, or workers who have worked for a certain number of years.

2. Precautions for indefinite-term labor contracts.

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 and the employee have entered into an indefinite labor contract. However, it should be noted that although the employer and the employee have signed an indefinite employment contract, it does not mean that the employer has signed an employment contract with the employee. In practice, many employers ignore the provisions of the law and still do not conclude labor contracts with employees.

In this case, the second paragraph of Article 82 of this Law stipulates that if an employer violates the provisions of this Law by not entering into an indefinite labor contract with an employee, it shall pay the employee twice the monthly wage.