How to explain the change of ten years into a regular employee in the new labor contract

Updated on society 2024-03-23
13 answers
  1. Anonymous users2024-02-07

    There is no provision in the Labour Code for 10 years to become a permanent worker.

    Regardless of whether it is the old or new Labor Law or the Labor Contract Law, there is no provision for the conversion of regular workers in ten years. According to the provisions of the Labor Law, there is no distinction between regular and temporary workers, all of them are employees under the labor contract system, and all people enjoy equal rights only if the contract period is different. The so-called "regular employee" of the same employer after 10 years of continuous service means that, in accordance with Article 14, Paragraph 2 (1) of the Labor Contract Law, if an employee has worked for the employer for 10 consecutive years, and the labor contract expires, and the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude an indefinite-term labor contract.

    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 have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and 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.

  2. Anonymous users2024-02-06

    The starting period of 10 years of continuous service shall be calculated from the date of employment by the employer, including the number of years of service before the implementation of the law.

    The General Office of the Ministry of Labor stipulated in its reply to the Request for Instructions on How to Understand "Continuous Working Hours of the Same Employer" and "Years of Service in the Same Employer" that "continuous working hours of the same employer" refers to the time during which an employee maintains an employment relationship with the same employer.

    According to the Instructions on How to Understand "Continuous Working Time of the Same Employer" and "Years of Work in the Same Employer" and relevant supporting regulations, an employee who is sick or injured not due to work-related injuries is entitled to a medical treatment period in accordance with the law, so the time of the medical treatment period enjoyed by the employee in accordance with the law should not be deducted when calculating the "continuous working time of the same employer".

    According to the above provisions, "10 years of continuous service" shall be understood to mean that the employee has worked continuously and uninterrupted for the same employer for more than 10 years. The starting period of 10 years of continuous service shall be calculated from the date of employment by the employer, including the number of years of service before the implementation of the law.

  3. Anonymous users2024-02-05

    If an employee of a police station is a contract worker, the Labor Contract Law is applicable, but there is no provision for converting employees into regular workers for 10 years, only that they must sign an indefinite labor contract for more than 10 consecutive years. In addition, when you say a regular worker, you should mean a regular worker who is included in the establishment, and in this case, if you are not hired as a civil servant or a public institution, you cannot become a regular worker.

  4. Anonymous users2024-02-04

    The official staff of a police station is a state organ, and its regular staff is subject to the adjustment of the Civil Servants Law, and the Labor Contract Law is not applicable.

    If you do not have an establishment and are a contract worker under the appointment system, then it is deemed to have established a labor relationship, and the "Labor Contract Law" is applicable, and if you have worked continuously for more than ten years, you can request to sign an indefinite contract, but you cannot be converted into a regular worker. Detailed consultation,

  5. Anonymous users2024-02-03

    Police stations are state agencies, and their staffing are civil servants, and the Civil Servants Law and other relevant laws apply.

    If you do not have an establishment, you can be deemed to have established an employment relationship, and after working for 10 years, you can request to sign an indefinite labor contract. But if you want to become a civil servant and have an establishment, you generally have to be active, and if the director of the police station can't decide on the establishment, at least you have to move to the public security bureau.

  6. Anonymous users2024-02-02

    Is the "worker" of "regular worker" a "worker" that does not come out? The police are "civil servants", and this "public" is "public".

    The "father" of the family, how can different things be compared. Even if it is transferred to you, it can only be a "job" that does not come out.

  7. Anonymous users2024-02-01

    1. Now there is no distinction between temporary workers and regular workers, as long as they work in the unit, they are all contract employees, only with a fixed term and no fixed term, and a fixed term and a contract period.

    2. They are all employees under the labor contract system, but most units still retain the concepts and unspoken rules of the original "regular workers" and "temporary workers", which are mainly manifested in: different salaries, different insurance benefits, and different positions.

    3. After the promulgation of the "Labor Contract Law" and the "Labor Law", a small number of units were aware of the legal risks of such unspoken rules, and began to gradually adjust the system to eliminate these differences through various examinations and assessments; However, most units are still going their own way, ignoring the laws of the country.

    4. To break this unspoken rule, it is mainly up to the workers themselves to have a sense of law, pick up the law, and dare to protect their legitimate rights and interests.

    5. Rights protection is mainly carried out from three aspects:

    The first is to look at the salary. Whether there is equal pay with "regular workers" in the same position, except for the difference in performance appraisal, and whether there is a large gap in salary.

    The second is to look at the insurance benefits. Whether the five insurances (endowment insurance, work-related injury insurance, maternity insurance, unemployment insurance, and medical insurance) and one housing fund (housing provident fund) stipulated by the state are complete, and whether they are at the same level as regular workers; Whether the various benefits of the unit are treated equally.

    The third is to look at the right to work. Whether there are any restrictions on you from the positions of people with the same education, major, and qualifications as you.

    If there is no difference in the three aspects, you are considered a "regular worker", otherwise, exercise your legal rights.

  8. Anonymous users2024-01-31

    Hello, there is no legal distinction between temporary workers and permanent workers.

    As long as they work in the unit, they are all contract employees, and there are fixed term and indefinite period, and there is a fixed term and the length of the contract period.

    Therefore, there is no corresponding provision in China's labor law.

  9. Anonymous users2024-01-30

    There is no such provision in China's Labor Law. After the promulgation of the Labor Contract Law in 2007, the concept of "contract workers" and "regular workers" no longer exists.

  10. Anonymous users2024-01-29

    No. The Labor Contract Law stipulates that an indefinite term contract can be signed after the contract has been completed for 10 years.

    There is no such thing as turning positive. It's all contractual.

  11. Anonymous users2024-01-28

    The 10-year service in the Labor Law refers to the 10-year continuous service, with no intermittent work in between; If you have worked continuously for 10 years, you will not be unconditionally regularized, but will be deemed to have signed an indefinite labor contract with the employer.

  12. Anonymous users2024-01-27

    It's a lie. It won't turn positive for 20 years.

  13. Anonymous users2024-01-26

    Summary. Hello, I'm glad to answer this question for you. There is no such thing as a regular worker. There is only the term "long-term contract", so if you sign a 10-year contract now, it is basically a long-term contract.

    Hello, I'm glad to answer this question for you. There is no such thing as a regular worker. There is only the saying that the material liquid is a long-term contract, so if you sign a 10-year contract now, it is basically a long-term contract.

    I have four years left before I retire, can the company fire me? I've been doing it for more than 10 years.

    This one won't dismiss you.

    I'm still a veteran, can four years count as social security?

    It can be counted. So why do you go through the retirement procedures, the discharge certificate?

    The contract you signed at the time.

    There was no mention of veterans in the contract.

    If there is no question, then you can follow your actual situation.

    It's unprofessional! How unprofessional? Your retirement and regularization certificate is calculated according to your contract.

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