Does the employment contract need more than one year?

First of all, your question, after the expiration of the contract that has been signed for one year, the renewal period of the contract can be 2 years, and the implementation period of this labor contract is determined by the negotiation between the employee and the employer. The relevant matters are regulated in the Labor Law as follows:

Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for termination.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

In addition, it should be noted that Article 14 of the Labor Law stipulates that if you have entered into a fixed-term contract twice in a row, when you sign the contract for the third time, the employer can only sign an indefinite-term contract with you unless the employee, i.e., you, proposes to sign a fixed-term contract.

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.

According to the new Labor Contract Law, if an employer signs a fixed-term employment contract with an employee twice, the employer must sign an indefinite-term employment contract with the employee as long as the employee wishes. From now on, if you do not sign a labor contract for more than one month but less than one year, you will be paid double the salary every month, and if you still do not sign it for more than one year, you will be deemed to have signed an indefinite labor contract.

The fact that the employer and the employee only sign a one-year labor contract does not violate the Labor Law. The premise is that the probationary period does not exceed one month, and that there is no previous contract, and in the case of a contract, the period does not exceed one year.

There is no fixed term for the signing of labor contracts, and the common contract lengths in work include one, three, five, ten and long-term. Different employers have different fixed term of labor contracts, and one year is usually used for new employees who are in an unstable working state.

Signing a one-year labor contract is not illegalOne-year labor contract, which is very common in some small and medium-sized enterprises. After the employee has passed the probationary period, he or she becomes a regular employee, and when the employee joins the company, he or she should sign a labor contract with the company, which is a normal operating process.

The probationary period of a one-year employment contract shall not exceed one month, and the probationary period shall be included in the one-year contract. If an employer violates this principle, it is a violation of the employer and can file a complaint with the local labor department.

Signing a labor contract once a year is, to a certain extent, very beneficial to both enterprises and individuals. Employee turnover rate is high, and it makes no sense to sign a long-term contract, and now employees will not be bound by labor contracts, but in a company they don't like, until the contract expires.

Instructions for signing labor contractsWhen we sign a labor contract with the enterprise, we must carefully study the terms of the contract, and do not ask the leader to sign, we will sign directly. When some enterprises sign labor contracts, they clear themselves of their responsibilities and attach many unreasonable terms to their employees. In such a situation, if you do not carefully consider it, it will become very difficult to blindly sign and defend your rights later.

When signing a contract, if you don't understand the terms of the contract, you can ask the leader for advice, and if you feel that the contract is unfair, you can put forward your own opinions.

For a one-year employment contract, if the contract is signed three times and the next time the contract is signed, an indefinite employment contract should be signed.

It's not legal. If the employee and the employer have signed a written labor contract, and the employer fails to give the employee a copy, it is an illegal act, and the employee may request the employer to give him a copy, otherwise he can file a complaint with the labor inspectorate. If the employer fails to give the employee a labor contract and causes damage to the employee, it shall be liable for compensation.

Legal analysis

After signing an employment contract with the employee, the employer shall give the employee a copy. RelevantLaws and RegulationsThere is no stipulation on the number of copies of the labor contract, usually at least two copies, and the employer and the employee have their own songs, and the two have the same legal effect. It is recommended that the employee keep at least one copy in his hand, and it will be beneficial for him to apply for labor arbitration or sue to the court in the event of a labor dispute in a timely manner.

An employment contract is a legal form that clarifies the rights and obligations of both the employer and the employee, and the employer must bear the corresponding responsibilities if it does not sign a written employment contract with the employee. When signing a labor contract, the name, address, name, gender, age, address and other basic information of the employer and the employee shall be clearly stated. Trade unions safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance of labor contracts and collective contracts by employers.

If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Legal basis

Labor Contract Law of the People's Republic of China

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 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Legitimate. If the labor contract is only signed for one year, it is okay to sign the labor contract can be negotiated between the two parties, but in many cases it is actually the company's own decision, but generally speaking, the term of the labor contract can be three months, half a year, one year, three years or other times.

Legal analysisThe employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.

An employment contract that is illegal in any respect is invalid and is not recognized and protected by law. Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent. In the process of concluding an employment contract, the legal status of both parties is equal.

Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee. Only when equality of status is truly achieved can the labor contract concluded be fair. The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.

The labor contract is one of the most basic provisions to protect the employee, it is a legally binding paper form, so many times because there are many disputes in the labor contract, but because there are many disputes because the labor contract is not signed, because there is no labor contract, such a worker is not guaranteed, and in the event of some unexpected circumstances, the irresponsible employer will escape responsibility because the two parties have not signed the labor contract.

Legal basisArticle 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.

Legitimate. Because the labor contract can be signed for one year, as long as both parties agree, it is legal.

The legal company shall sign a labor contract for a period of one year, as long as the employee and the employer reach an agreement through consultation in accordance with the provisions of the Labor Contract Law, and the employer and the employee sign or seal the text of the labor contract, it is legal and valid, and if the labor contract is for more than one year but less than three years, the probationary period shall not exceed two months.

It is legal for an employment contract to be signed for only one year, and the law does not stipulate how long an employment contract can be shortened, so one year is acceptable.

It is also legal for an employment contract to be signed for only one year, which is a fixed-term employment contract.

And the company has to pay social insurance for you.

When the company signs a fixed-term contract with you twice. Then the third time must be executed according to the indefinite term labor contract.

Based on the situation described, your question is to clarify whether it is legal for an employment contract to be signed for only one year? This should be legal, that is to say, the factory can stipulate this period according to the period of time he needs workers and workers, that is, contract workers need one year and two years, which are all stipulated according to the needs of the unit

It is generally not illegal to sign a contract once a year, but it depends on the type of contract. The duration of the employment contract can be arbitrarily determined, as long as the parties agree to it.

Legally, there are no mandatory provisions in the law, and the key depends on the contract between labor and management.

Of course it's legal. The description of the employment contract is based on the coordination between the two parties, and there is no specific legal provision.

It should be considered legal, because the employment contract is drawn up by the company, and you can read it beforehand.

Is it legal to receive a one-year employment contract before? Legitimate, if you want to continue doing it here. Then continue to sign the contract.

It is legal to sign an employment contract for a period of one year.

Analysis of the law of law: China's law does not specifically stipulate how long the labor contract must be signed, so the labor contract can be signed for one year after the employer and the employee negotiate on their own.

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; The probationary period of a fixed-term and indefinite-term labor contract of more than three years shall not exceed six months. The same employer and the same employee can only agree on a probationary period once.

Legal Analysis: Yes. When the parties sign the employment contract, they can specify the term of the employment contract.

China's law does not specifically stipulate how long the labor contract must be signed, so how long the labor contract can be signed can be signed for one year after negotiation between the employer and the laborer.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer dissolves the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and renews the labor contract, and the employee does not renew the labor contract with Biqingyi, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.