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No. The Labor Contract Law came into force on January 1, 2008, and Article 14, Paragraph 2, Item 3 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed again after the implementation of this Law. That is, the labor contracts concluded before the effective date of the Labor Contract Law and still performed after the effective date of the Labor Contract Law are not counted in the number of consecutive fixed-term labor contracts, so your first contract cannot be counted in the continuous conclusion of fixed-term labor contracts, and you cannot conclude an indefinite-term contract based on this.
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OK. Where a worker 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: (3) the employee has concluded a fixed-term labor contract for two consecutive times, and the labor contract is renewed without the circumstances provided for in Article 39 and Article 40, Paragraphs 1 and 2 of this Law.
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;
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.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
Lawyer Lu Guangliang of Zongheng Legal Network.
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No. Legal basis: Labor Contract Law.
Article 97 Labor contracts that have been concluded in accordance with law before the effective date of this Law and that exist on the effective date of this Law shall continue to be performed; Paragraph 2, Paragraph 3 of Article 14 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of this Law.
Where a labor relationship has been established before the implementation of this Law and a written labor contract has not yet been concluded, it shall be concluded within one month from the effective date of this Law.
Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.
Article 98: This Law shall take effect on January 1, 2008.
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OK. As long as you and the company reach an agreement through consultation, if the voluntary employee proposes or agrees to renew or conclude the labor contract, in addition to the employee's proposal to conclude a fixed-term labor contract, an indefinite-term labor contract shall be concluded
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Yes, you can sign an indefinite contract with the company, both parties are voluntary, that's best.
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No. It will only be done twice after 08 years.
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Legal analysis: After an employee has worked for the employer for 10 years or signed two fixed-term employment contracts in a row, the employee may propose to renew the indefinite-term employment contract. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.
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 basis: Article 14 of the Labor Contract Law of the People's Republic of China.
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.
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Legal analysis: The employer and the employee can enter into an indefinite term labor contract if they reach a consensus 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) The labor contract is concluded for two consecutive fixed-term labor contracts, and the employee does not renew the labor contract without the circumstances provided for in Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law.
An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The term "indefinite termination time" here refers to the fact that there is no exact termination time for the employment contract, and the length of the employment contract cannot be determined, but it is not that there is no termination time. As long as there are no conditions prescribed by law or agreed upon by both parties, both parties must continue to perform their obligations under the labor contract.
An indefinite employment contract can also be terminated in the event of a legal circumstance. Legal basis: Article 14 of the Labor Contract Law states that an indefinite-term labor 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 labor contract if they are in agreement with the employee. 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 a labor contract is concluded for two consecutive fixed-term periods, and the worker does not renew the labor contract 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.
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Voluntary lifting, no bullshit.