After working for four years, you will sign a labor contract and only sign a legal mother for one ye

Updated on workplace 2024-05-26
6 answers
  1. Anonymous users2024-02-11

    According to the provisions of the Labor Contract Law, the labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. If two fixed-term employment contracts have already been signed, the renewal should be done with an open-ended employment contract.

    Labor Contract Law

    Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

    The employer and the employee shall each hold one copy of the labor contract.

    Article 17 The labor contract shall have the following clauses:

    1) The name, address, 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 stipulated 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.

    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.

  2. Anonymous users2024-02-10

    The duration of the employment contract is agreed upon by both parties, and there is no problem if you agree to sign it for one year.

  3. Anonymous users2024-02-09

    1. If you have signed a fixed-term labor contract twice in a row, as long as you do not request to sign a fixed-term labor contract and agree to sign an indefinite-term labor contract when you renew it for the third time, there are no circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law. The employer must sign an indefinite employment contract with you for the third time, which is what you understand as "long-term".

    2. At the same time, if you only ask to sign a one-year fixed-term labor contract, and the employer does not agree, you must pay a one-time economic compensation.

    The above reply is for reference, I hope it can help!

  4. Anonymous users2024-02-08

    Legal Analysis: 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. If you have not signed an employment contract for three years, you can apply for arbitration and claim double compensation.

    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.

  5. Anonymous users2024-02-07

    Legal Analysis: Normal. The labor contract is signed at the time of entry, and if it is within the term of the labor contract, 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.

    Then the employment contract will continue to be valid, and the employee and the employer can agree to change the content of the employment contract.

    Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once.

    Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract or the hand-held period.

  6. Anonymous users2024-02-06

    Summary. If the company refuses to grant the labor contract, the employee may file a complaint with the labor inspection brigade or initiate labor arbitration. If the company refuses to grant the labor contract, the labor administrative department shall order it to make corrections.

    If any damage is caused to the worker, he shall be liable for compensation. The labor contract shall be established in accordance with the law, with the terms prescribed by law, and the employer and the employee shall each hold one copy of the contract text.

    Hello, consult a lawyer to serve you, have received your empty problem, the current consultation of people than the oak collapse Ha Please wait for two minutes Oh kiss. Dear, we're helping you solve your problem.

    If you have already signed an employment contract twice, you can ask the company to sign an indefinite employment contract when you sign it the third time.

    The term of a fixed-term employment contract shall be determined by the employer and the employee through negotiation, and generally the fixed-term employment contract shall be one-year, three-year or five-year.

    Article 13 The fixed-term labor contract refers to the labor contract in which the employer and the employee agree on the termination time of the contract. The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

    The company signs a labor contract for employees every year, which is also to accompany the company, from the perspective of the company's interests, or from a certain point of view, filial piety is also for the interests of Lu Shensui, and the company and employees can choose in both directions.

    I have been in the factory for three years, and every year after the start of construction, there are three chapters of labor contracts, which I have to stamp and sign.

    The purpose of the factory is also for the benefit of employees, and the company and employees can choose in both directions.

    Article 20 of the Labor Law of the People's Republic of China The term of the labor contract is divided into a fixed period, an indefinite period and a period 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, the labor contract shall be concluded without a fixed term.

    After signing, three copies were taken.

    Didn't give you a copy.

    If the company does not grant the labor contract, the employee can file a complaint with the labor inspection team or file a labor arbitration. If the company refuses to grant the labor contract, the labor administrative department shall order it to make corrections. If any damage is caused to the worker, he shall be liable for compensation.

    The labor contract shall be established in accordance with the law, with the terms and conditions prescribed by the law, and the employer and the employee shall each hold one copy of the contract text.

    If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.

Related questions
4 answers2024-05-26

Of course! Labor cases can be handled by themselves, no need to hire a lawyer to win the lawsuit, labor arbitration is completely free, I am a full-time labor arbitrator, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! >>>More

5 answers2024-05-26

If the employee has worked for the employer for 10 consecutive years, the employer shall sign an indefinite-term employment contract with the employee unless the employee has a fixed-term employment contract, as long as the employee proposes or agrees to renew the employment contract. Therefore, working for more than ten years requires an indefinite employment contract.

3 answers2024-05-26

1. There are three situations in which an employee proposes to terminate the labor contract (resign): First, the employee proposes to terminate the labor contract in accordance with the provisions of Article 37, that is, 30 days in advance (3 days of probation) is notified to the employer, and the approval of the employer is not required. However, the employer is not liable for economic compensation; Second, in accordance with the provisions of Article 38, the termination of the labor contract does not need to be approved 30 days in advance, and the person can leave immediately. >>>More

17 answers2024-05-26

If you apply for labor arbitration for your point of view, the employer bears the burden of proof of important labor information, such as attendance and labor contracts. It is also a violation of labor law to leave the company and not settle it, and the specific compensation standard depends on your salary. If you do not sign an employment contract, you are in a disadvantageous position, and as long as you apply for arbitration, you can compensate for 11 months' wages, which is calculated according to your average salary in the past 12 months. >>>More

7 answers2024-05-26

Go to the local labor bureau, and the labor arbitration commission applies for labor arbitration to demand payment: >>>More