I would like to know about an indefinite employment contract

Paragraph 2 of Article 20 of the Labor Law stipulates that if an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite-term labor contract, an indefinite-term contract shall be concluded.

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.

An indefinite-term employment contract includes the following:

1) An indefinite-term labor contract signed by the employee who has worked for the employer for 10 consecutive years;

2) An indefinite-term labor contract signed by an employee who has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age when the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes a labor contract.

According to the first paragraph of Article 14 of the Labor Contract Law, an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree that there is no definite termination time, that is, the employment contract signed between the employee and the employer only has a starting period and no termination period. According to the provisions of paragraphs 2, 3 and 4 of this article, the signing of an indefinite term labor contract can be divided into three situations: negotiation, compulsory conclusion and constructive conclusion.

1. Negotiation and conclusion: Paragraph 2 of Article 14 of the Labor Contract Law stipulates that an employer and an employee may enter into an indefinite-term labor contract if they reach a consensus through consultation, that is, the employee and the employer agree on the term of the labor contract after consultation on an equal footing, and both parties agree to conclude an indefinite-term labor contract.

2. Compulsory conclusion: Paragraph 3 of Article 14 of the Labor Contract Law stipulates that under 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 have been concluded consecutively, and the employee has not been informed of the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law, and the labor contract is renewed. According to the provisions, if the above three circumstances are met, the employer and the employee cannot conclude a fixed-term labor contract, but can only conclude an indefinite-term labor contract. The choice between a fixed-term employment contract and an indefinite-term employment contract rests with the employee, and the employer does not have the right to choose.

3. Presumptive conclusion: Paragraph 4 of Article 14 of the Labor Contract Law stipulates that if an employer does not conclude a written labor contract with an 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. That is, if there is a de facto employment relationship between the two parties, and the employer and the employee have not signed an employment contract for the period prescribed by law, it is presumed that the two parties have signed an indefinite-term employment contract, and the relevant provisions of the indefinite-term employment contract shall apply.

In short, after signing two fixed-term employment contracts, both parties need to reach a consensus before signing an indefinite-term employment contract, and the employer is not required to sign it.