Propose to conclude an indefinite term labor contract, who has the law

Labor Contract Law

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 restructures a state-owned enterprise and concludes a new 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.

An indefinite-term employment contract does not have an indefinite termination time, and an indefinite-term employment contract can also be terminated if the two parties to the contract are subject to legal circumstances. So what are the conditions for signing an indefinite term employment contract? What are the pros and cons of signing an indefinite-term employment contract?

Agreed: The employer and the employee may enter into an indefinite labor contract if they reach a consensus through consultation.

Statutory circumstances: In the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term contract:

1. The employee has worked for the employer for 10 consecutive years; Corresponding to the preceding paragraph: When the employee proposes or agrees to renew, he shall conclude an indefinite term contract.

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 employee has worked in the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

The employer's implementation of the labor contract system for the first time is mainly aimed at the restructuring of public institutions, corresponding to the conclusion of the preceding paragraph; "Restructuring of state-owned enterprises" shall be re-established in accordance with the preceding paragraph.

Preceding paragraph: When concluding or reconcluding, an indefinite contract shall be concluded.

3. The employee has concluded two fixed-term labor contracts in a row, and the employee has renewed the labor contract without the circumstances specified in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. Corresponding to the preceding paragraph: When the employee proposes or agrees to renew, he shall conclude an indefinite term contract.

When the second contract expires, the "statutory circumstance" of "concluding two consecutive fixed-term employment contracts" is satisfied, and the employer can only enter into an indefinite-term employment contract as long as the employee proposes to renew it.

In other words, as long as the second contract period is entered, unless the employee renounces it, it will inevitably lead to the conclusion of an indefinite employment contract. The purpose of this regulation is to curb the short-term nature of labor contracts and improve the quality and stability of employment.

Therefore, when entering into the first contract, the employer cannot use one year as the best choice, unless you change the batch of people every year; The expiration period of the labor contract among employees should be distanced.

An indefinite-term employment contract is not an iron contract: if there is a statutory circumstance, the contract can still be terminated in accordance with the law; In the case of economic layoffs, only priority retention is stipulated; The conditions for economic layoffs have been relaxed.

In addition to improving the stability of employment, the purpose of these regulations also takes into account the needs of enterprises to maintain a relatively stable and reasonable flow of labor under the market economy.

The three situations have logically included the circumstances of the conclusion of an indefinite-term labor contract under the original Labor Law. Therefore, the circumstances under which an indefinite-term labor contract is concluded under the original Labor Law are not listed as a circumstance.