What are the benefits of an open ended contract? Why preferential treatment?

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. The employee shall be paid twice the monthly salary from the date on which the indefinite term labor contract shall be concluded.

In addition, the employer may not terminate the contract unless:

According to Article 39 of the Labor Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

It refers to an employment contract in which the employer and the employee agree that there is no definite termination time. The employer and the employee may reach a consensus through consultation.

It should be established.

The worker shall be paid twice the monthly wage.

The employer may not terminate the contract unless:

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) 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 employer, or refuses to make corrections upon the employer's request;

Legal analysis: Under normal circumstances, there is no unemployment in an indefinite term employment contract, which is of great benefit to maintaining a stable job. The termination of an indefinite-term contract by an employer is a complicated procedure and the amount of compensation is very high.

When an employer has operational difficulties and needs to lay off employees, employees with indefinite labor contracts are the priority to stay.

Legal basis: "Labor Contract Law of the People's Republic of China" Article 41 In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department: (1) reorganization shall be carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When laying off personnel, priority shall be given to the following personnel: (1) the letter of the person who has signed a fixed-term labor contract with the unit for a longer period of time; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

The advantages of the non-fixed-term Xindan vertical limit contract are: 1. A way for enterprises to retain people, indicating the affirmation of the loyalty and ability of employees by enterprises. 2. For positions that are late in the work confidentiality, complex technology, and need to maintain personnel stability, the indefinite labor contract is conducive to safeguarding the economic interests of the enterprise and reducing the losses caused by the frequent replacement of key personnel in key positions.

3. Signing an indefinite labor contract is a kind of protection for employees, so that workers can have a more stable working environment. Article 11 of the Regulations for the Implementation of the Labor Contract Law stipulates that, unless the employee and the employer reach an agreement through consultation, if the employee proposes to conclude an indefinite-term labor contract in accordance with the provisions of Paragraph 2 of Article 14 of the Labor Contract Law, the employer shall conclude an indefinite-term labor contract with the employee.

The benefits of an indefinite employment contract are as follows:

1.Unless there is a statutory or agreed termination of the contract, the contract will not be terminated until the employee retires, so the indefinite term employment contract has strong stability.

2.For positions with strong work confidentiality, complex technology, and the need to maintain personnel stability, an indefinite labor contract is conducive to safeguarding the economic interests of the enterprise and reducing the losses caused by the frequent replacement of key personnel in key positions.

The good thing is that you can do it all the time, the bad thing is that people can fire you at any time...

The advantage of not having a fixed contract is that you can change jobs and units as you like

First of all, an open-ended contract is not an iron job. An indefinite-term contract is only an indefinite term contract that cannot be terminated on the grounds that the contract has expired, and if there is a serious violation of labor discipline, the employer can still unilaterally terminate the labor contract in accordance with the Labor Contract Law.

The advantage of an indefinite-term employment contract is that there is no termination period for an indefinite-term employment contract, and the employment contract will not be automatically terminated during the performance of an indefinite-term employment contract unless one or both parties terminate the employment contract.

In addition, since most of the employees who have signed an indefinite-term labor contract have worked for the enterprise for at least 10 years, or have signed more than two fixed-term labor contracts in a row, once the employee has signed an indefinite-term labor contract with the employer, the labor contract cannot be terminated on the grounds that the employee is incompetent for the job, etc., and can only be handled in accordance with the relevant provisions on the termination of the labor contract, and the employee compensation must be paid.

When an enterprise carries out "economic layoffs", personnel who have concluded an "indefinite-term labor contract" should be "preferentially retained". If the employer violates the provisions of the Labor Contract Law by not signing an "indefinite term labor contract", it shall pay compensation to the employee at twice the standard of economic compensation stipulated in the Labor Contract Law when dissolving or terminating the labor contract. The disadvantages of an indefinite-term employment contract are:

Workers lose the opportunity to keep changing jobs and increase their wages.

An indefinite-term employment contract refers to an employment contract between an employer and an employee that has agreed to terminate without certainty.

Benefits of signing an indefinite-term labor contract: For the employer, the indefinite-term labor contract is conducive to safeguarding the economic interests of the unit and reducing the loss of frequent personnel replacement; For employees, there are more restrictions on indefinite-term employment contracts, which force employers to not easily terminate employment contracts, so as to better protect the job stability of employees, and indefinite-term employees can receive corresponding preferential treatment in the face of the risk of layoffs.

According to Article 12 of the Labor Contract Law.

Labor unions are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain work tasks.

Article 82.

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 twice the monthly salary to the employee. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with a returnee who has endured labor judgment, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.