Is the re signing of the employment contract during the employment contract period valid?

The re-signing of the labor contract during the labor contract period is valid and can be regarded as the termination of the original labor contract.

The labor contract signed by the employee in March was re-signed due to the company's salary adjustment, and the previous labor contract was terminated and the latter labor contract was continued. The length of service is calculated from the time the first employment contract is signed.

Although the first employment contract is terminated after only six months of performance, it is counted in the number of employment contracts signed. After the expiration of the employment contract signed in September, the employee has met the conditions for signing an indefinite employment contract with the company.

1. The labor contract shall be agreed upon by the unit and the employee, and shall be signed or sealed by both parties to take effect. Therefore, once a labor contract is concluded in accordance with the law, it is legally binding and protected by law, and both parties shall strictly perform it, and neither party shall change the content of the labor contract at will.

2. Before the labor contract has not been performed or has not been completed, the content of the original labor contract may be partially modified, supplemented or deleted with the consent of both parties, instead of signing a new labor contract, and the unchanged part of the original labor contract is still valid.

3. The unit shall establish a labor relationship with the employee from the date of employment, that is, the working years shall be counted from the beginning of the employment.

Hello, the company's practices do not violate the law, and the length of service should be calculated from the date of entry.

It can only be said that the latter employment contract has changed the content of the previous employment contract, and both contracts are valid.

Zongheng Legal Network He Xiangqian lawyer.

Re-entering into an employment contract may have the following impacts on employees and businesses:

Impact on Employees:

1. Salary: Re-signing the contract may lead to changes in salary, such as basic salary, performance salary, bonuses, benefits, etc., which require employees to renegotiate and reach a consensus with the enterprise;

2. Job position: re-signing the contract may lead to changes in the job position, such as position, responsibilities, work content, etc., which requires employees to renegotiate and reach a consensus with the enterprise;

4. Social insurance: re-signing the contract may have an impact on the social insurance of employees, such as endowment insurance, medical insurance, unemployment insurance, etc., which requires employees to renegotiate and reach a consensus with the enterprise.

Impact on Businesses:

1. Cost expenditure: re-signing the contract may lead to an increase in the cost of the enterprise, such as wages, social insurance, etc., which requires the enterprise to re-evaluate and arrange the budget;

2. Human resource management: re-signing the contract requires the enterprise to re-plan and manage human resources, such as recruitment, training, performance appraisal, etc., which requires the enterprise to invest more time and human resources;

The following conditions must be met to re-enter into an employment contract:

1. Both parties are voluntary: the re-signing of the labor contract should be voluntary for both parties, that is, both the employee and the enterprise are willing to continue to cooperate;

2. Expiration of the contract: The re-signing of the labor contract needs to be carried out after the expiration of the original labor contract, if the labor contract does not expire, the two parties should negotiate to terminate the contract or terminate the contract;

3. Clear content: When re-signing a labor contract, it is necessary to clarify the job position, work content, working hours, salary, social insurance, labor protection, etc., so as to avoid disputes or disputes;

To sum up, if Yuanchang Wanggong and the enterprise cannot reach an agreement, or if the re-signing of the labor contract violates the relevant laws, regulations and industry norms, legal consequences and economic losses may occur, so full communication and negotiation should be carried out before signing the labor contract to ensure that both parties reach a consensus.

Legal basis]:

Article 3 of the Labor Contract Law of the People's Republic of China.

Basic Principles] 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. Conclusion of a written labor contract] A written labor contract shall be concluded when establishing a labor relationship.

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.

It depends on the actual situation. When the employee's labor contract has not expired, the company proposes to re-sign the labor contract, which is a unilateral willingness to terminate the original labor contract, and if the employee agrees to re-sign, the two parties can reach an agreement to sign a new contract and agree that the original labor contract will be invalidated. If the employee does not agree, he has the right to refuse, and the original labor contract is still valid.

If the company coerces or coerces the employee, it will be invalid even if a new employment contract is signed.

For employees who want to sign an open-ended contract as soon as possible, they can refuse to re-sign the contract. In accordance with the regulations, after the enterprise and the employee have signed two consecutive fixed-term contracts, the third time they need to sign an open-term contract.

1. What are the precautions for signing an employment contract?

Signing an employment contract is not an easy task, due to the unequal degree of knowledge of labor-related laws and regulations and laws between the employer and the job seeker, the job seeker is obviously at a disadvantage, so the job seeker should pay attention to the following matters when signing the contract:

1. If the job seeker enters the unit through an acquaintance, due to the emotional relationship, the job seeker or the employer simply reaches an oral employment agreement contract, but this oral contract is quite unfavorable to the job seeker, because once the job seeker and the employer have a conflict of interest in the future, the employer can treat the job seeker at will, and the job seeker himself can only bear all the losses that may occur because he has no written evidence to prove it. In order to protect the interests of the individual, the job seeker must sign a formal employment contract with the employer when he or she officially joins the employer, so as to clarify the rights and obligations of both parties.

2. When the job seeker wants to sign a labor contract with the employer, many individual units often draft a labor contract text in advance, and the responsibilities, rights and interests agreed in the text are obviously for the unit, and the employer only needs the job seeker to sign or seal when the contract is formally signed. However, after carefully scrutinizing the contract, the job seeker found that the terms and conditions were unclear and the concept was vague, and the content of the contract only stipulated what obligations the job seeker had, how to abide by the various policies of the employer, and what kind of responsibilities he would bear if he violated, etc., and there was almost nothing about the rights of the job seeker except for remuneration. For the sake of prudence, the author suggests that when a job seeker formally signs a labor contract, it is best to ask the employer to go to the labor department under the labor administrative department to conduct an appraisal of the labor contract text.

3. The original intention of the job seeker to sign the labor contract is to protect his interests through the law, but if the signed contract itself is illegal, then the rights and interests of the job seeker are still not protected by law. To this end, job seekers must first confirm whether the employment contract they have signed is legally binding, including: the employer must have legal personality, and the private enterprise must meet the legal requirements.

The content (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and they must not engage in illegal work; In addition, the procedures and forms for signing an employment contract must be legal.

If the company wants to invalidate the original labor contract, the labor contract can be terminated through negotiation with the employee before the labor contract expires. Then sign a new employment contract. Otherwise, there are two employment contracts with different contents in the same time period, which is easy to cause disputes and unnecessary trouble.

The signing of the labor contract shall be in written form, the written labor contract has a serious nature, it is an important basis for clarifying the rights and obligations of the employee and the employer, it is the content of the labor contract culture, it is convenient for both parties to perform and the relevant departments to supervise and inspect the performance of the labor contract, once a labor dispute occurs, it is also well documented, can more effectively protect the parties to the labor contract.

1. How to compensate for the termination of the labor relationship if the labor contract has not expired?

1. In the case of self-resignation, if the employer has "11 situations in which the employee terminates the labor contract, the employer shall pay severance payment", it needs to pay severance payment, otherwise it does not need to pay it.

2. If the employer dissolves or terminates the labor contract, it needs to pay the severance payment, otherwise it does not need to pay the severance payment. If the employee is dismissed, the employer does not need to pay compensation if the labor contract is terminated in accordance with the law, and he will regret it.

If the employee proposes to terminate the labor contract, he or she does not need to pay compensation if he or she gives 30 days' notice, and if he or she does not give advance notice, he will be paid one month's salary as a payment in lieu of payment. If the employee is dismissed, if the employer violates the provisions of the Labor Contract Law and unilaterally terminates the labor contract without reason without fault on the part of the employee, he shall be compensated twice the amount of economic compensation.

2. What is the compensation standard for early termination of the labor contract before it expires?

After the expiration of the labor contract, the employer is required to pay economic compensation to the employee who dismisses the employee, and if the employee has worked for one year, he or she needs to pay one month's salary as economic compensation. If the employment contract is terminated illegally, double economic compensation is required.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Summary. Hello, what you raised is about the establishment of labor relations between the employee and the employer, clarifying the rights and obligations of both parties to sign a fixed-term labor contract and an indefinite-term labor contract, which generally includes whether the contract with defective terms is valid, the conditions for signing an indefinite contract, the validity of liquidated damages in the labor contract, the tripartite agreement, the protection of rights without signing a labor contract, and the non-renewal or non-signing of an indefinite term rights protection by the employer. Depending on the circumstances of the case, the impact on the outcome will also vary.

Hello, what you raised is about the establishment of labor relations between the employee and the employer, and the clarification of the rights and obligations of both parties to sign a fixed-term labor contract and an indefinite-term labor contract, which generally includes whether the contract with defective terms is valid, the conditions for signing an indefinite contract, the validity of liquidated damages in the labor contract, the tripartite agreement, the protection of rights without signing a labor contract, and the non-renewal or non-signing of an indefinite term rights protection by the unit. Depending on the situation of the specific case, the impact on the outcome will also be different.

If the factory wants to move the factory, the way to protect the rights of labor contract disputes is to report to the labor inspection brigade or the labor construction bureau, or directly apply to the labor arbitration commission for labor arbitration. If you are not satisfied with the outcome of the labor arbitration, you can also file a lawsuit with the court.