Has the circular on several issues concerning the implementation of the labor contract system lapsed

<> Ministry of Human Resources and Social Security clearly replied that the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (Lao Bu Fa No. 1996 No. 354) has not been repealed at present. Moreover, judging from the relevant effective precedents of courts at all levels across the country, it can still continue to be applied.

Legal analysis: labor (labor and personnel) departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, relevant ministries and commissions, directly affiliated agencies, production management departments of the General Logistics Department of the People's Liberation Army, Xinjiang Production and Construction Corps:

Since the implementation of the Labor Law, the implementation of the labor contract system has progressed smoothly across the country, but some regions and enterprises have raised some issues in the process of implementing the labor contract system, which need to be clarified. To this end, after study, the relevant issues are hereby notified as follows:

1. When signing a labor contract, in accordance with the provisions of the Labor Law, as long as the parties agree through consultation, they can sign a labor contract with a fixed term, an indefinite term or a period for the completion of a certain amount of work. 2. In the process of changing from the fixed-term employment system to the labor contract system, if an employer proposes to conclude an indefinite-term labor contract with an employee who meets one of the following conditions: (1) in accordance with the provisions of the Labor Law, if the employee has worked for the same employer for more than 10 consecutive years, and both parties agree to renew the labor contract; (2) Those who have worked for a long time and are within 10 years of the statutory retirement age; (3) Demobilized or demobilized servicemen are employed for the first time; (4) Other circumstances stipulated by laws and regulations.

3. According to the provisions of the Labor Law, a probationary period of not more than six months may be stipulated in the employment contract. If the term of the labor contract is less than six months, the probationary period shall not exceed 15 days; If the term of the labor contract is between six months and one year, the probationary period shall not exceed 30 days; If the term of the labor contract is between one and two years, the probationary period shall not exceed 60 days.

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 in Chanzhou 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.

At present, there is no document to change or ban this law for the time being, and the documents establishing matters related to labor relations are as follows: 1. Notice on Matters Related to the Establishment of Labor Relations (2005) No. 12 of the Ministry of Labor and Social Affairs

The employment relationship shall be established if the employer recruits the worker without entering into a written labor contract, but at the same time meets the following circumstances: The employer and the worker meet the subject qualifications stipulated by laws and regulations;

The labor rules and regulations formulated by the employer in accordance with the law are applicable to the workers, and the workers are subject to the labor management of the employer and engage in paid labor arranged by the employer;

The labor provided by the worker is an integral part of the employer's business.

If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

"Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity;

Recruitment records such as the "registration form" and "registration form" filled in by the employee;

attendance records; Testimonies of other workers, etc.

2.Minutes of the Meeting of the Beijing High Court and the Beijing Labor Arbitration Commission on Labor Dispute Cases (1) and 2

4. On the issue of confirmation of labor relations.

12. The following factors may be considered when determining the existence of an employment relationship between an employer and an employee:

1) The employer and the worker meet the qualifications stipulated by laws and regulations;

2) The rules and regulations formulated by the employer in accordance with the law are applicable to the workers, and the workers are subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's work.

13. For those who provide labor or services to the employer with their own skills, knowledge or facilities, bear their own business risks, have no identity affiliation with the employer, and are generally not under the management or control of the employer, the relationship between them and the employer shall be deemed not to be an employment relationship.

14. If the worker fails to provide labor to the employer for a long period of time, and the employer also ceases to pay the employee labor remuneration and other related benefits for a long time, and the two parties do not seek labor for a long time, it may be determined that the two parties do not enjoy and bear the rights and obligations under the labor law during this period.