What are the conditions to sign an indefinite contract?

Updated on workplace 2024-07-15
5 answers
  1. Anonymous users2024-02-12

    It is that he has worked in this company for 10 years, and the employer has implemented the corresponding contract system, and then the individual and the company have reached a consensus, and there is still some time before the retirement age.

  2. Anonymous users2024-02-11

    At this time, the labor unit must reach an agreement with the worker. At this time, an open-ended contract can be signed. It must be equal and voluntary at the time of signing. There is no coercion to conceal the facts, which is very much in line with the relevant provisions.

  3. Anonymous users2024-02-10

    The unit shall reach an agreement with the employees through consultation, and the contract shall be signed on the basis of equal and voluntary consultation, and the situation of coercion and fraud shall not be adopted.

  4. Anonymous users2024-02-09

    The conditions for signing a fixed-term employment contract are as follows: First, the employer and the employee may enter into an indefinite-term employment contract by reaching an agreement through consultation. According to the provisions of the Labor Contract Law, the conclusion of a labor contract shall follow the principles of equality, voluntariness and consensus.

    As long as the employer and the employee reach an agreement through consultation, do not use illegal means such as coercion, fraud, concealment of facts, and comply with the relevant provisions of the law, they can conclude an indefinite term labor contract.

    Second, under the circumstances prescribed by law, if an employee proposes or agrees to renew the labor contract, an indefinite labor contract shall be concluded. The specific circumstances are as follows: (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 employee does not renew the labor contract without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. Once an open-ended contract is signed, the two parties have established a relatively stable and long-term employment relationship, and the employment contract cannot be terminated as long as the conditions prescribed by law or agreed upon by both parties do not occur. Therefore, the law strictly stipulates the conditions for signing an indefinite-term labor contract, and unless both parties reach an agreement, one of the parties cannot arbitrarily request or refuse to sign an indefinite-term labor contract.

    Legal basisArticle 14 of the Labor Contract Law of the People's Republic of China refers to a labor contract with no definite termination time agreed between the employer and the employee. 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 unless the worker proposes to conclude a fixed-term labor contract.

  5. Anonymous users2024-02-08

    Legal analysis: The term is not one of the necessary terms for the formation of a contract, so the parties can enter into an indefinite term contract at will. If Hu Chang is not clear about the time limit, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or transaction customs; If it is still uncertain, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

    Legal basis: Article 511 of the Civil Code: If the parties are not clear on the content of the relevant contract, and it is still uncertain according to the provisions of the preceding article, the following provisions shall apply:

    1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.

    2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

    3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

    4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request early performance at any time, but the other party shall be given the necessary time to prepare.

    5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

    6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.

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