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To put it simply, the biggest difference between an indefinite-term employment contract and a fixed-term employment contract is that the performance of the employment contract only has a start time and no end time. Generally speaking, before the contract expires, the employer needs to pay severance if the contract is terminated early, and the indefinite term contract will never expire. Summary of an indefinite-term employment contract:
Paragraph 2 of Article 20 of the Labor Law of the People's Republic of China stipulates that indefinite-term labor contracts are too strict, which is not conducive to the protection of workers and the stability of social relations. Based on this, we should expand the scope of indefinite-term employment contracts, and protect the de facto employment relationships that are prevalent in real life as indefinite employment contracts.
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Generally speaking, the performance of an employment contract should be time-limited. However, China's labor regulations stipulate that those who have worked for more than 10 years can conclude an indefinite labor contract. The so-called indefinite-term labor contract can also be called an indefinite labor contract, which does not clearly stipulate the validity period of the contract, and the labor relationship can exist within the legal working age of the employee and the existence period of the enterprise, and the indefinite-term labor contract has strong stability, which is a kind of protection for the employee.
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Legal analysis: An indefinite-term labor contract refers to an indefinite termination time that is agreed between the employer and the employee because there is no definite termination time, but the indefinite-term labor contract is not indissolvable, and the labor contract can also be terminated if there are legal provisions or contractual conditions, and it is not a "dead contract". An indefinite-term employment contract may be concluded by mutual agreement between the two parties, or if the employee has worked for the employer for 10 consecutive years, etc.
Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China refers to the labor contract with 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) The labor contract is renewed for two consecutive fixed-term labor contracts, and the employee does not renew the labor contract under the circumstances provided for in Article 39 and Article 40, Paragraphs 1 and 2 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.
The question is not clear, what is the date of signing of the employment contract that you are currently performing? What is the agreed service period? How many labor contracts have been concluded (including renewals) since August 08? >>>More
Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination. >>>More
The employee and the employer can sign an indefinite labor contract through negotiation. >>>More
Voluntary lifting, no bullshit.
According to the Labor Contract Law, a fixed-term employment contract refers to an employment contract in which the employer and the employee agree on the termination time of the contract. Specifically, it means that the parties to the labor contract clearly stipulate the time of the beginning and end of the contract in the labor contract. The employment relationship shall be terminated upon the expiration of the term of the employment contract. >>>More