Is it legal for an employer to sign a contract for only 11 months a year?

Legitimate. The law does not specify how long a contract will be concluded. Therefore, it is okay to sign an 11-month labor contract, which is not prohibited by law.

However, if the labor contract is signed more than twice in a row, an indefinite-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract.

Legal analysis

The Labor Contract Law does not stipulate how long an employer must sign an employment contract with an employee. The length of time for signing the contract shall be determined by the parties through negotiation. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties.

The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract. Labor contracts are an important means to promote the rational allocation of labor resources.

Employers can determine the conditions and methods for hiring workers according to their deep business or work needs, and make reasonable use of labor force by signing labor contracts of different types and durations. An employment contract is conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the employee and the employer, which is not only a guarantee but also a constraint on both parties to the contract, which is conducive to improving the consciousness of both parties in performing the contract, and prompting both parties to correctly exercise their rights and strictly perform their obligations.

This is because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.

Legal basis

Labor Contract Law of the People's Republic of China

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 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 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 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.

Legal dispersion analysis: if the labor contract signed for half a year is only done for one month and then leaves, there is no compensation for the call, if you leave the unit and cannot settle the salary and issue a resignation certificate, if you cause losses to the unit, you also need to compensate.

Legal basis: Labor Contract Law of the People's Republic of China

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Legal Analysis: Yes. The company does not violate labor laws by signing an 11-month contract with its employees.

Legal basis: Article 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 not stupid but only three months, the probationary period for grinding files shall not be agreed. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the period of trial training shall not be established, and the period shall be the term of the labor contract.

When an employer establishes a labor relationship with an employee, it shall conclude a written labor contract within one month from the date of employment. If the employer fails to conclude a written labor contract with the 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 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.

Article 3 of the Labor Contract Law.

The conclusion of a labor contract shall follow the principles of law, 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. To establish a labor relationship, a written labor contract shall be concluded.

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 labor relationship shall be established from the date of employment.

Legal Analysis: Yes. The company does not violate labor laws by signing an 11-month contract with its employees.

Legal basis: Labor Contract Law of the People's Republic of China Article 19 If the term of the labor contract is more than three months and 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 a period of less than three months or a labor contract with a term of less than three months, a probationary period must not be agreed. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period is not established, and the term is the term of the labor contract.

The term of the employment contract can be arbitrarily determined, as long as both parties agree through negotiation. However, if two fixed-term employment contracts have been signed, after the expiration of the second employment contract, if both parties are willing to renew the employment contract, or if the employee has worked for the employer for 10 consecutive years, the employer shall sign an indefinite-term employment contract or unless the employee himself proposes to sign a fixed-term employment contract. It is obviously illegal for the employer to sign a contract with the employee in this way of signing a contract once a year after the employee has met the above conditions.

1. What is the seal to stamp when signing the employment contract?

What seal to sign an employment contract is usually stamped with an official seal or a contract seal, the labor contract is stamped with the official seal and the contract seal has the same legal effect, usually large companies have a special contract seal, and small companies do not have a special contract seal, and often replace it with the company's official seal.

2. What should be included in the signing of the employment contract.

1.The duration of the employment contract. That is, the validity time of the employment contract is an important basis for determining whether and when the employment contract is valid.

2.Job description. It refers to the position (type of work) that the employee is engaged in during the validity period of the labor contract, as well as the quantity and quality indicators that should be achieved or the tasks that should be completed.

3.Labor protection and working conditions. This refers to the various protective measures taken by the employer in accordance with the relevant laws and regulations of the state in order to ensure the safety, health and other working conditions of the workers in the labor process, such as working hours, rest and leave systems, labor safety and health facilities, labor protection for female employees and juvenile workers, etc.

4.Remuneration for labor. Labor remuneration is the return of the employee's results, including wages, bonuses, allowances, etc.

5.Labor discipline. Labor discipline is the macro work order and rules that workers must abide by in the process of labor over-ignorance.

6.Conditions for the termination of the employment contract. This refers to specific legal facts agreed upon by the parties in addition to the time limit, and as soon as these facts appear, the legal effect of the labor contract will be extinguished by itself, and the rights and obligations between the two parties will be terminated.

Regarding how to claim compensation for dismissal after more than one year without signing an employment contract, the labor relationship between the employee and the employer is the basis for the rights and obligations of each other. According to Article 16 of the Labor Law, "the establishment of labor relations shall be accompanied by a labor contract." However, in real life, if the employer fails to sign a labor contract for the employee, this constitutes the so-called "de facto labor relationship".

According to the relevant provisions of the Labor Law, a de facto labor relationship refers to a de facto labor relationship between the employer and the employee who has not entered into a written labor contract during the employment period, but the employee has paid the labor at the employer, and the employer pays the employee remuneration and wages, thus forming a de facto labor relationship between the two parties. Therefore, regardless of whether a written employment contract has been concluded between the two parties, it does not affect the establishment and existence of a de facto employment relationship. If the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer.

The wage calculation standard of severance payment refers to the average monthly wage of the employee in the 12 months prior to the termination of the contract under the normal production conditions of the enterprise, and if the average monthly wage of the employee is lower than the average monthly wage of the enterprise, it shall be paid according to the standard of the average monthly wage of the enterprise.

Article 11 of the Labor Contract Law of the People's Republic of China provides that if the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; If there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.