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According to the Labor Contract Law, 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. Specifically, it means that the parties to the labor contract clearly stipulate the time of the beginning and end of the contract in the labor contract. The employment relationship shall be terminated upon the expiration of the term of the employment contract.
If both parties reach an agreement, the employment contract can also be renewed and the term can be extended. A fixed-term employment contract can be for a shorter period of time, such as half a year, one year, two years, or for a longer period of time, such as five years, ten years, or even longer. Regardless of the length of time, the start and end dates of an employment contract are fixed.
The specific time limit is to be determined by both parties according to the needs of the work and the actual situation.
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Labor Contract Fixed Term] Article 13 of the Labor Contract Law stipulates that a fixed-term labor 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.
Labor Contract Contents] Article 17 of the Labor Contract Law stipulates that an employment contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Laws. Other matters that should be included in the labor contract as stipulated by the regulations.
In addition to the necessary provisions of the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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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. A fixed-term employment contract can be for a shorter period of time, such as six months, one year, or two years, or for a longer period of time, such as more than three years, including five years, ten years, or even longer.
Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China: An indefinite term labor contract refers to an employment 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 the employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the employee proposes 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 for one year from the date of employment, it shall be deemed that the employer and the employee Kaichong have entered into an indefinite labor contract.
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? >>>More
The employee and the employer can sign an indefinite labor contract through negotiation. >>>More
Voluntary lifting, no bullshit.
No, it is calculated from the previous initial employment time, see the implementation rules of the Labor Contract Law: >>>More
The difference between an employment agreement, also known as a labor contract, and an employment contract is mainly in terms of legal basis and main content. According to the provisions of the Labor Contract Law of the People's Republic of China, the labor contract must be a written contract, and if a written contract is not signed, it is deemed that there is no contract, and the enterprise has violated the labor law, and the employee can get compensation for resigning accordingly. According to the Contract Law of the People's Republic of China, a labor contract can be either a written contract or an oral contract. >>>More