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No, either you have to sign a permanent contract or a temporary job, and the same person can only sign one labor contract with one company, which can also be protected by the labor law, and there are also benefits such as social security. Temporary workers are not entitled to additional benefits.
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No, an employment contract generally refers to an agreement between the employee and the employing unit to establish an employment relationship and clarify the obligations and rights of both parties. An employee can only sign one type of labor contract with the employer, and if both a permanent contract and a temporary contract are signed, if there is a dispute over remuneration, benefits, supplies and pension insurance contributions, it is definitely the worker who suffers, so a worker and the employer can only sign one form of contract within the agreed contract period.
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It is not enough to say that an employment contract is a permanent worker and a contract is a temporary worker.
According to the provisions of the Labor Contract Law on the protection of dual employment relationships, the requirements for individuals to sign two contracts meet two points.
The first is that the two contracts signed cannot be both full-time employees, which you are obviously satisfied with, because your second contract is a temporary worker.
The second requirement is that the employment contract concluded later shall not affect the performance of the employment contract concluded earlier. This condition you give is not enough to judge. Note that there is only a front and back, regardless of whether you are a permanent or temporary worker.
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Definitely not. According to the regulations of the labor department, units and individuals are not allowed to sign multiple contracts with different contents (yin-yang contracts).
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Employment contracts. A temporary labor contract refers to an employment contract concluded between an employer and a worker engaged in temporary work in addition to the quota. For workers who work on a short-term, temporary basis.
Temporary workers are a term in the era of planned economy, after the implementation of the Labor Law and the full implementation of the labor contract system, all employers and employees fully implement the labor contract system, in the employer, all types of employees enjoy the same rights, therefore, in the past sense of temporary workers relative to regular workers no longer exist, employers in temporary positions, should sign labor contracts with workers and establish various social insurance for them in accordance with the law. For temporary workers who have worked for the enterprise for 10 consecutive years, when renewing the labor contract, the employer shall, in accordance with the provisions of the Labor Contract Law, conclude an indefinite labor contract with the employee if requested by him, and specify his salary, insurance and benefits in the labor contract. Part-time workers sign labor contracts.
A temporary labor contract refers to an employment contract concluded between an employer and a worker engaged in temporary work in addition to the quota. For workers who work on a short-term, temporary basis. Temporary employment contracts are generally labor contracts, and the difference between labor contracts and labor contracts is that the legal nature of the two is different.
The labor contract is the basis for establishing the labor relationship, and the labor contract is the basis for establishing the civil and economic legal relations, and the requirements for the subject of the contract are different. One of the parties to the labor contract is the employee and the other party is the employer; The subjects of the labor contract can be both citizens and legal persons, or citizens and legal persons, and there are no special requirements for the subjects of the labor contract. The status of the subject of the contract is different.
Further information: After the labor contract is signed, the employee becomes a member of the employer, the relationship between the two is subordinate, there is no subordinate relationship between the subjects of the labor contract, and the two parties are always independent and equal subjects, and perform the obligations stipulated in the contract in their own names. The content of the contract is different.
One party to the labor contract shall provide the employee with labor conditions and labor protection supplies that comply with the provisions of the state; It is not necessary for the employment contract to stipulate this aspect.
Legal basis: Article 15 of the Labor Contract Law stipulates that 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.
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Legal analysis: Part-time workers are part of the labor relationship. Sign an employment contract.
According to the current labor laws and regulations, a labor contract of the corresponding period should also be signed, and the rights and obligations granted by the law should be clarified, and their legitimate rights and interests should also be protected by law.
Legal basisLabor Contract Law of the People's Republic of China
Article 7 The employer shall establish a labor relationship with the worker from the date of employment. The employer shall establish a roster of employees for future reference.
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 worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
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Legal Analysis: Signing of labor contracts for temporary workers. A temporary labor contract refers to a labor contract concluded between an employer and a worker engaged in temporary work in addition to the employee.
For workers who work on a short-term, temporary basis. And it is illegal not to sign an employment 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 worker 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.
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According to the provisions of China's Labor Contract Law, an indefinite-term labor contract is not a temporary worker, but a regular employee, and a temporary worker refers to a part-time employee, and an oral employment agreement is generally signed. Article 14 of the Labor Contract Law of the People's Republic of China stipulates 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-term labor contract if they reach an agreement through consultation.
In any of the following circumstances, if 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: (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 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 worker has not renewed the contract for the promotion of the working year 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 has concluded an indefinite labor contract with the employee.
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Analysis of the elimination of the law of the law cave:
An indefinite-term employment contract is not a temporary employee, but a regular employee, and a part-time employee is a part-time employee, and an oral employment agreement is generally signed.
Legal basis: Labor Contract Law of the People's Republic of China 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.
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