What is the content of the Circular of the Ministry of Labor on Several Issues Concerning the Imple

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.

1. On the issue of the signing of labor contracts by factory directors and managers.

According to the provisions of No. 1994 No. 360 issued by the Ministry of Labor, if the factory director and manager are appointed (appointed) by their superior department, they shall sign a labor contract with the hiring (appointing) department. The directors, managers and relevant management personnel of enterprises implementing the company system shall sign labor contracts with the board of directors in accordance with the provisions of the Company Law of the People's Republic of China on managers and management personnel.

2. On the issue of the signing of labor contracts by the secretary of the party committee and the chairman of the trade union.

According to the provisions of Document No. 19 and No. 33 of 1995 issued by the Ministry of Labor, the secretary of the Party committee, the chairman of the trade union and other full-time personnel of the Party and the masses are also members of the employees, and shall sign a labor contract with the employer in accordance with the provisions of the Labor Law. Where there are special provisions, it may be handled in accordance with the relevant provisions.

3. On the issue of signing labor contracts for permanent workers.

In accordance with the provisions of Document No. 1994 No. 360 issued by the Ministry of Labor and Document No. 19 No. 1995 issued by the Ministry of Labor, in order to make a smooth transition from the fixed-term labor system to the labor contract system, the old employees who have worked for a long time and are within 10 years from the retirement age can sign an indefinite labor contract if they request it. For other permanent workers, in the current process of converting the old and new employment systems, as a one-time transitional measure, all provinces, autonomous regions, and municipalities directly under the Central Government may make some special provisions in accordance with local conditions and in order to protect the interests of workers who have worked longer hours.

4. On the issue of signing labor contracts for employees on long-term sick leave, long vacation, and early retirement.

Employees who take medium- and long-term sick leave, take long vacations or retire early from the enterprise are still employees of the enterprise and maintain labor relations with the employer, and in accordance with the provisions of the Labor Law on the conclusion of labor contracts for the establishment of labor relations, the above-mentioned employees shall also sign labor contracts with the enterprise.

5. On the issue of the term of labor contracts for peasant rotation workers.

Order No. 87 issued in 1991 stipulates that the term of labor contracts for migrant workers recruited in types of jobs and positions that are harmful to their health as determined by the competent labor administrative department shall not exceed 8 years, in order to protect the health of workers. After the implementation of the Labor Law, this provision should still be implemented in order to continue to protect the interests of these employees.

Legal analysis: The relevant laws on the notification of signing labor contracts include the Labor Contract Law of the People's Republic of China, the Labor Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China, and Article 102 of the Labor Law of the People's Republic of China stipulates that if an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, and causes large economic losses to the employer, he shall be liable for compensation in accordance with the law. Wait a minute.

Legal basis: Article 102 of the Labor Law of the People's Republic of China If an employee terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law. Wait a minute.

<> 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.