What s the deal with contract soldiers? Contract soldiers are not regular soldiers

After the expiration of the service period (2 years), if a conscript, if he wants to continue to stay in the army, he needs to sign a contract with the army, which may be the so-called contract soldier.

There is a saying abroad that mercenaries are contract soldiers.

That is, it is not enlistment for military service, but enlistment for work and much better treatment.

Upstairs, I ask you, is the whole army a system? Is it true that the standards of the Air Force, the Army and the Navy are different?

Legal analysis: Contract soldiers refer to citizens who sign labor contracts with the army and participate in the work of the army. Contract soldiers are different from compulsory soldiers, they are soldiers as a profession, can receive a salary (compulsory soldiers can only receive allowances), are professional, and the service time can be relatively long, also known as non-commissioned officers, similar to foreign mercenaries.

Contract soldiers are not directly promoted to non-commissioned officers, non-commissioned officers are selected from soldiers who have completed their active service, and there are also citizens with professional skills who are directly recruited from outside the military to become non-commissioned officers.

Legal basis: Article 55 of the Constitution of the People's Republic of China Defending the motherland and resisting aggression is the sacred duty of every citizen of the People's Republic of China. Military service and participation in militia organizations in accordance with the law are the honorable obligations of citizens of the People's Republic of China.

Legal analysis: Ordinary college graduates who enlist in the military need to change their employment agreement, which is not a breach of contract. Participating in military service in accordance with the law is the glorious obligation and right of every citizen, and is protected by national laws and policies.

Legal basis: Article 26 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China stipulates that if the employer and the employee have agreed on the service period, and the employee terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer shall not require the employee to pay liquidated damages. Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

1) The worker seriously violates the rules and regulations of the employer; (2) The worker is seriously derelict in his duties, commits irregularities for personal gain, and causes major damage to the employer; (3) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request; (4) The worker uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions; (5) The worker is investigated for criminal responsibility in accordance with law.

Legal analysis: Now the contract signed by the soldier is similar to the meaning of the old soldier in the past, when you have been a soldier for 2 years, you will face the problem of leaving or staying, if you stay, then you have to sign a contract with the army, but whether you go or stay is not something you can decide personally, it mainly depends on your usual work performance and whether your major is useful to the army.

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

Article 1 This Law is enacted for the purpose of improving the labor contract system, clarifying the rights and obligations of both parties to the labor contract, protecting the legitimate rights and interests of workers, and building and developing harmonious and stable labor relations.

Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers, and conclude or perform labor contracts with employees.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

It is not a breach of contract, and it is the responsibility and obligation of every citizen of appropriate age to perform military service in accordance with the law, and after enlisting in the army, the workers cannot fulfill their labor obligations for the unit, but they are defending the motherland, which is a special situation. The company should fully understand and assume the corresponding social responsibilities of the employer to avoid unnecessary labor disputes. Conscripts and junior non-commissioned officers who were employees of state organs, social organizations, enterprises and public institutions (including contract personnel) before enlisting in the army are allowed to return to work and resume work after retiring from active service, and enjoy all benefits not lower than those of employees of the same position (type of work) and the same length of service in their own units.

Employers should follow the Constitution, the Military Service Law, and other provisions to support their employees in performing military service in accordance with the law, and implement the resettlement work after retirement. After enlisting in the army, the workers are not able to fulfill their labor obligations for the unit, but they are defending the motherland, which is a special situation. Therefore, the failure to perform the employment agreement due to participation in the registration of the army does not belong to the scope of breach of contract, and there is no need to bear the liability for breach of contract.

Legal basis: Article 36 of the Labor Contract Law The labor contract may be terminated if the employer and the employee reach a consensus through consultation.

Legal analysisEmployers shall, in accordance with the provisions of the law, support their employees in performing military service in accordance with the law, and implement the resettlement work after retirement. Failure to perform an employment agreement due to joining the military is not a breach of contract and does not have to bear liability for breach of contract.

Legal basisArticle 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 A worker may terminate a 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.