Is it valid if the labor contract is signed without specifying the time limit, and the labor contrac

It is not in accordance with the regulations that the employment contract does not have a date written on it. These elements are necessary for signing an employment contract, and can be requested to be indicated by the employer, such as the company ignores them. It can be regarded as an indefinite term labor contract, and the starting time can be determined according to the time of employment registration or the time of receiving wages, or it can be determined according to the record of paying social security.

Legal analysis

Generally speaking, the starting time of this kind of contract takes effect from the time of signing the contract, for long-term contracts, permanent contracts, etc., it may be indefinite, and it is possible that there is no expiration date, if there is a real need for a contract period, a supplementary contract can be signed as needed to stipulate what time is the effective time, but the contract with a time requirement must have a valid period for contract performance, and the current labor contract should generally have a contract period. However, the admission contract is often only agreed on the admission, and the contract contract must be re-signed when the specific post is taken, and there must be a contract term at that time, and finally the company signs such a contract whether it violates the labor law, if it is a new employee, then the contract is not in line with the spirit of the labor law, the new employment system is a contract employment, and the labor contract with a contract period must be signed, and the permanent contract can not stipulate the employment period only applicable to the old employees before the labor law, your individual situation does not know, but no matter what, the contract is valid, If the company is unwilling to sign a permanent contract, it can completely propose to change to contract workers in accordance with the labor law, or propose that it is not entitled to enjoy the old age policy and treatment, and the contract is not established, which naturally does not meet the requirementsLaws and Regulations

Therefore, when signing the labor contract, both parties should read the terms of the contract carefully, so as to avoid disputes due to certain terms of the contract, causing unnecessary troubles and affecting the company's image.

Legal basis

Labor Contract Law of the People's Republic of China Article 17 A labor contract shall have the following provisions: (1) the name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

1. If the labor contract is signed without specifying the time limit, it may negotiate with the unit, and if the two parties reach an agreement through consultation, it may be deemed that an indefinite labor contract has been signed.

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 have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and 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.

Before you ask a question, you must first clarify the question of whether the so-called contract with an empty contract period that has been signed is in the hands of the employee, which is a question that must be clarified in practice. Often, in practice, the employer will not hand over such a contract to the employee. If it is not in your hands, there is no point in asking your question, because in the event of a dispute, the employer will fill in the contract period in time.

Therefore, this dispute has no practical significance for the employee. However, if the contract is in the hands of the employee, I believe that it can be recognized as an indefinite term employment contract. Expectation.

Valid as an indefinite term contract.

Are you talking about a contract with a labor dispatch company or a contract with the company you work for? The former is an indefinite contract, and the latter is up to six months.

If the employee has worked in an organization for less than 10 years, he or she shall sign an indefinite-term labor contract for the third time.

Legal analysis: An employment contract is valid if it is only signed without a date, and the labor contract takes effect on the date of signature by both parties, as long as the name is written by the employee himself, it is valid. If the labor contract is signed without a date, the employer shall be required to complete the relevant elements of the contract, and the contract does not have a date, but both parties have signed, and it is also a valid contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 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 A written labor contract shall be concluded for the establishment of labor relations. 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: the labor contract is not signed on the date of validity, the labor contract is not written on the date, the unit should be required to complete the relevant elements of the contract, the contract is not written on the date, but both parties have signed, it is also a valid contract, if the company does not handle it, it can be regarded as a labor contract without a fixed guessing period, according to the date of receiving the salary one month before the entry time, if you want to resign, apply to the unit one month in advance.

Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

According to the provisions of the Labor Contract Law, the term of an employment contract is divided into three types: fixed-term, indefinite-term, and fixed-term for the completion of a certain amount of work. 1. A fixed-term labor contract refers to an employment contract in which the employer and the employee agree on the time of termination of the contract.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation. A fixed-term employment contract may be a shorter period of six months or two years, or a longer period of five years or 10 years, and the specific length of the term shall be determined independently according to the situation of the employer, the position and the employee. 2. 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 labor-based veteran may conclude an indefinite-term labor contract if they reach an agreement through consultation. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract: (1) The employee 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 employee 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 without the circumstances stipulated in the Labor Contract Law that the employer can terminate the labor contract.

In addition, 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. 3. A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain job shall be the term of the contract. The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

First, a separate probationary contract is invalid. According to the "Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China", "after an employee is hired by an employer, both parties may stipulate a probationary period in the labor contract, and the probationary period shall be included in the term of the labor contract."

That is to say, the probationary period is not a statutory clause in the employment contract and may or may not be agreed upon. However, if the probationary period is agreed upon, it can only be stipulated in the employment contract, and the employment contract is a prerequisite for the existence of the probationary period. It is not allowed to sign only a probationary contract without signing a labor contract.

The "probationary contract" thus concluded is null and void. However, the invalidity of the "probationary contract" does not lead to the invalidity of the protection of the employee under the labor law. Second, the term of employment should be linked to the term of the labor contract, and the maximum period should not exceed six months.

Article 21 of the Labor Law stipulates that "a probationary period may be stipulated in a labor law contract. The probationary period shall not exceed a maximum of six months".

Specifically, if the term of the labor contract is less than 6 months (half a year), the probationary period shall not exceed 15 days; If the term of the labor contract is between six months and one year, the probationary period shall not exceed 30 days; If the term of the labor contract is between one and two years, the probationary period shall not exceed 60 days; If the term of the labor contract is more than two years, the probationary period shall not exceed six months. Third, if the capital guarantee is illegal, a guarantor may be provided as appropriate. There may be two forms in which an employer requires a new employee to provide a guarantee during the probationary period, one is in the form of collecting a security deposit (in kind), and the other is in the form of providing a guarantor to require him to bear the guarantee liability.

The first is expressly prohibited by China's labor law; The other is to require the guarantor to bear joint and several liability, which is not expressly permitted or prohibited by law in China, and the worker can provide it on a voluntary basis. Fourth, during the probationary period, the enterprise must have a reason to quit work, and the employee can leave without a reason. The Labor Law stipulates that during the probationary period, the employer can only dismiss the employee if there is evidence that the employee does not meet the employment requirements.

However, the employee can terminate the labor contract by simply "notifying" the employer without providing any reason.

1. Valid, the labor contract does not write the labor period, and the labor contract is regarded as an indefinite labor contract signed with the employer, and the employer cannot terminate the labor contract without authorization, and the two parties must negotiate with each other. The term of an employment contract is divided into a fixed term, an indefinite term, and a term based on the completion of a certain amount of work. 2. The term of the labor contract is divided into a fixed term, an indefinite term and a term for the completion of a certain amount of work.

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 labor contract, an indefinite labor contract shall be concluded.