What are the items of Article 1 of the Labor Contract Law when the expiration of the labor contract

The term of the employment contract refers to the period of validity of the contract, which generally begins on the effective date of the contract and ends at the termination of the contract. Any labor process is carried out in a certain time and space. In modern society, working hours are considered to be a ruler to measure the efficiency and results of labor.

The term of the labor contract shall be determined through negotiation between the employer and the employee. It is an important part of the labor contract and plays a very important role.

However, this kind of relationship of rights and obligations cannot be without a head or tail, and it cannot become an eternal relationship, especially under the conditions of a market economy, the flow of labor is inevitable. The employment relationship may be for a long period of time or for a short period of time, and how long it will be maintained must be expressed through a certain specific time, which gives rise to the term of the labor contract. If there is no time limit in the labor contract, the rights and performance of the obligations of both parties are uncertain, which is not conducive to safeguarding their respective legitimate rights and interests.

The duration of the employment contract.

The term of the labor contract is a prerequisite for the existence of the labor contract and a guarantee for the realization of the content of the labor contract. The purpose of the labor contract is to realize the labor process, which is a rather complex process. If there is no expiration date in the labor contract, the process will be difficult to determine, the completion of production or work tasks cannot be guaranteed, and the contract will lose its true meaning of existence.

It is for this reason that this Law stipulates the term of the employment contract as one of the necessary provisions of the employment contract.

It is recommended that you read the Labor Law directly and the Labor Contract Law.

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Article 39, Paragraph 38 of the latest provisions on the termination of an employment contract stipulate that an employer may terminate an employee under certain conditions and is not required to pay any compensation. Under normal circumstances, if an employer terminates an employment relationship with an employee, it is required to pay a certain amount of compensation and notice payment, and the specific fee is calculated according to the employee's working years, and it is illegal to fail to pay.

What are the latest provisions on the termination of labor contracts?

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Article 39, Paragraph 38 of the latest provisions on the termination of the labor contract stipulates that the employer may terminate the employee under certain conditions, and is not required to pay any compensation. Under normal circumstances, if an employer terminates an employment relationship with an employee, it is required to pay a certain amount of compensation and a notice payment, and the specific expenses are calculated according to the employee's working years, and it is illegal to fail to pay.

Legal basis: Article 39 of the Labor Contract Law [Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment conditions during the early search during the probationary period; (2) Seriously violating the rules and regulations on employing single relatives and being respectful; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request.

What are the provisions of the Labor Law on the termination of labor contracts? What are the provisions of the Labor Law on the termination of labor contracts? Article 24 A labor contract may be terminated upon the consensus of the parties to the labor contract.

Article 25 The employer may terminate the labor contract of Huaikai under any of the following circumstances: (1) It is proved that the worker does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after negotiation. Do you understand this explanation?

Provisions on Termination of Labor Contract: 1. The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employing person; (4) They have been pursued for criminal responsibility in accordance with law.

2. Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to perform the original job or the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation.

Article 38 of the Labor Contract Law provides that an employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

An employment contract concluded against the true will of the other party by means of fraud or coercion has no legal effect, which is the provision of paragraph 1 of Article 26 of the Labor Contract Law, which mainly introduces the circumstances in which the employment contract is invalid or partially invalid.

1. What are the provisions of Paragraph 1, Item 1 of Article 26 of the Labor Contract Law?

Paragraph 1, Paragraph 1 of Article 26 of the Labor Contract Law stipulates that "the other party concludes or modifies a labor contract contrary to its true intention by means of fraud, coercion or taking advantage of the danger of others".

Article 26 of the Labor Contract Law states that the following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

2. What should be paid attention to when changing the labor contract?

1. It must be carried out within the effective time after the labor contract is concluded in accordance with the law and before the contract has not been performed or has not been completed. That is, the parties to the labor contract already have an employment contract relationship, and if the labor contract has not been concluded or has been performed, there is no problem of changing the labor contract.

2. The principle of equality, voluntariness and consensus must be adhered to, that is, the change of the labor contract must be agreed by both the employer and the employee. Equality, voluntariness, and consensus are the principles for the conclusion of labor contracts, and they are also the principles that should be followed in their changes. The employment contract relationship is formed through the agreement between the employee and the employer, and the modification of the contract should of course be carried out through the agreement of both parties.

The labor contract is allowed to be changed, but unilateral change is not allowed, and any unilateral change of the labor contract is invalid.

3. After negotiation, the parties to the labor contract shall agree to change the labor contract in writing, and any oral agreement shall be invalid. The written agreement on the modification of the labor contract shall specify which terms of the labor contract will be changed, and shall specify the effective date of the agreement on the modification of the labor contract, and the written agreement shall take effect after being signed and sealed by both the employer and the employee. It is to avoid labor disputes between the parties to the labor contract due to the change of the labor contract.

Article 26, Paragraph 1, Item 1 of the Labor Contract Law stipulates that if the labor contract is invalid, the labor contract concluded by fraudulent means shall not have legal effect. When changing the labor contract, it is necessary to maintain the principles of equality, voluntariness and consensus, and the content of the contract must be agreed by the employer and the employee, and must not violate the law.