Is it legal for the company to sign a labor contract for a period of one year?

The company wants to sign a labor contract for a period of one year, which is a legal act, and there is no law to specify how long the contract will be signed.

Legal analysis

China's law does not specifically stipulate how long an employment contract must be signed, so how long the labor contract can be signed can be signed for one year after negotiation between the employer and the employee. When signing a contract, the worker must first find out the basic situation of the unit to determine whether it is a legitimate enterprise, the name of the legal representative, the address of the unit, and the information can be obtained by checking the industrial and commercial registration information on the Internet, and at the same time, it is required to clearly write these contents in the contract. Workers need to find out what they are doing and what they are doing in the contract.

Labor remuneration should be clearly defined and oral agreements should be avoided. For example, what is the standard salary, whether there is a bonus, and what standard is the bonus issued, these data must be reflected in the contract, and do not believe the verbal promises of the boss. The law stipulates that the probationary period shall not exceed six months, and a contract that only stipulates a probationary period is invalid, and it is a fraud to ask the employee to leave after the probationary period ends; During the probationary period, the employer shall not terminate the employment relationship without reason; Unless the worker does not meet the recruitment requirements, he or she can leave.

Therefore, it is legal for the company to sign a one-year labor contract.

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 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for termination. The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

The fact that the employer and the employee only sign a one-year labor contract does not violate the Labor Law. The premise is that the probationary period does not exceed one month, and that there is no previous contract, and in the case of a contract, the period does not exceed one year.

There is no fixed term for the signing of labor contracts, and the common contract lengths in work include one, three, five, ten and long-term. Different employers have different fixed term of labor contracts, and one year is usually used for new employees who are in an unstable working state.

Signing a one-year labor contract is not illegalOne-year labor contract, which is very common in some small and medium-sized enterprises. After the employee has passed the probationary period, he or she becomes a regular employee, and when the employee joins the company, he or she should sign a labor contract with the company, which is a normal operating process.

The probationary period of a one-year employment contract shall not exceed one month, and the probationary period shall be included in the one-year contract. If an employer violates this principle, it is a violation of the employer and can file a complaint with the local labor department.

Signing a labor contract once a year is, to a certain extent, very beneficial to both enterprises and individuals. Employee turnover rate is high, and it makes no sense to sign a long-term contract, and now employees will not be bound by labor contracts, but in a company they don't like, until the contract expires.

Instructions for signing labor contractsWhen we sign a labor contract with the enterprise, we must carefully study the terms of the contract, and do not ask the leader to sign, we will sign directly. When some enterprises sign labor contracts, they clear themselves of their responsibilities and attach many unreasonable terms to their employees. In such a situation, if you do not carefully consider it, it will become very difficult to blindly sign and defend your rights later.

When signing a contract, if you don't understand the terms of the contract, you can ask the leader for advice, and if you feel that the contract is unfair, you can put forward your own opinions.

For a one-year employment contract, if the contract is signed three times and the next time the contract is signed, an indefinite employment contract should be signed.

Legitimate. If the labor contract is only signed for one year, it is okay to sign the labor contract can be negotiated between the two parties, but in many cases it is actually the company's own decision, but generally speaking, the term of the labor contract can be three months, half a year, one year, three years or other times.

Legal analysisThe employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.

An employment contract that is illegal in any respect is invalid and is not recognized and protected by law. Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent. In the process of concluding an employment contract, the legal status of both parties is equal.

Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee. Only when equality of status is truly achieved can the labor contract concluded be fair. The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.

The labor contract is one of the most basic provisions to protect the employee, it is a legally binding paper form, so many times because there are many disputes in the labor contract, but because there are many disputes because the labor contract is not signed, because there is no labor contract, such a worker is not guaranteed, and in the event of some unexpected circumstances, the irresponsible employer will escape responsibility because the two parties have not signed the labor contract.

Legal basisArticle 19 of the Labor Contract Law of the People's Republic of China If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Legitimate. Because the labor contract can be signed for one year, as long as both parties agree, it is legal.

The legal company shall sign a labor contract for a period of one year, as long as the employee and the employer reach an agreement through consultation in accordance with the provisions of the Labor Contract Law, and the employer and the employee sign or seal the text of the labor contract, it is legal and valid, and if the labor contract is for more than one year but less than three years, the probationary period shall not exceed two months.

It is legal for an employment contract to be signed for only one year, and the law does not stipulate how long an employment contract can be shortened, so one year is acceptable.

It is also legal for an employment contract to be signed for only one year, which is a fixed-term employment contract.

And the company has to pay social insurance for you.

When the company signs a fixed-term contract with you twice. Then the third time must be executed according to the indefinite term labor contract.

Based on the situation described, your question is to clarify whether it is legal for an employment contract to be signed for only one year? This should be legal, that is to say, the factory can stipulate this period according to the period of time he needs workers and workers, that is, contract workers need one year and two years, which are all stipulated according to the needs of the unit

It is generally not illegal to sign a contract once a year, but it depends on the type of contract. The duration of the employment contract can be arbitrarily determined, as long as the parties agree to it.

Legally, there are no mandatory provisions in the law, and the key depends on the contract between labor and management.

Of course it's legal. The description of the employment contract is based on the coordination between the two parties, and there is no specific legal provision.

It should be considered legal, because the employment contract is drawn up by the company, and you can read it beforehand.

Is it legal to receive a one-year employment contract before? Legitimate, if you want to continue doing it here. Then continue to sign the contract.

It is legal to sign an employment contract for a period of one year.

Legal analysis: The length of time for a labor contract to be signed is negotiated between the employer and the employee, and it can be signed for one yearToday's market labor relations have occupied an absolute dominant position in China's economic development, but the state still needs to strengthen supervision in eliminating the distortion of the labor market and perfecting the labor market that infringes on the rights and interests of workers

In addition, enterprises now have some means to motivate employees to work actively, among which some companies may sign a labor contract once a year. Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China 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 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.

Legal analysis: If you have been in the company for more than one year, you still need to sign a labor contract. An indefinite-term employment 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. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, he or she shall conclude an indefinite labor contract: 1. The employee 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 employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.