What are the conditions under which an indefinite term employment contract should be concluded?

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?

Legal Analysis: An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The conclusion of the contract requires the employer and the employee to reach an agreement through consultation, or the employer must enter into an indefinite-term labor contract.

Under any of the following circumstances, the employer shall conclude an indefinite-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 employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) The fixed-term labor contract has been renewed twice and the labor contract is renewed again; (4) If the employer still does not conclude a written labor contract with the employee after one year, it shall be deemed to have concluded an indefinite labor contract. Of course, the employee has the right to decide whether to enter into an indefinite-term employment contract, so the employee can propose to conclude a fixed-term employment contract, and if not, the employer should take the initiative to conclude an indefinite-term 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 employee 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.

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 employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; Wait a minute.

Labor Contract Law of the People's Republic of China

Article 14. An indefinite-term employment 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 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 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.