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The Signing Of Fixed Term Contracts And Non Fixed Term Contracts Need To Be Known.

2013/9/20 9:05:00 17

case .
 laborer Luomo entered Shanghai in 2008 for 8 months and signed a one-year labor contract. In August 2009, the two sides renewed their labour contracts until August 2011. In July 31, 2011, the company informed the worker in writing that it would renew her labor contract < a href= "//www.sjfzxm.com/news/index_h.asp" > /a > a 3 year contract. After receiving the notice, the laborer will submit an unfixed term labor contract to the employer. 
 lawyer analysis 
 no fixed term labor contract is one of the three forms of labor contract stipulated in the labor contract law. It refers to the labor contract stipulated by the employer and the laborer without definite termination time. The fourteenth clause of the labor contract law stipulates that "in the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, he shall conclude a labor contract without a fixed term unless the worker proposes a fixed term labor contract. (1) when the worker has worked continuously for ten years in the employing unit, (two) when the employer implements the labor contract system for the first time or the state-owned enterprise reestablishes the labor contract, the worker has worked continuously for ten years in the employing unit and is less than ten years from the statutory retirement age; (three) has made a continuous set of two fixed term labor contracts, and the worker has not renewed the labor contract without the provisions of the first and second items of this Law thirty-ninth and fortieth." in those cases, you can. 
 according to the provisions of the labor contract law, as long as the worker has made two consecutive "a href=" //www.sjfzxm.com/news/index_f.asp "fixed term labor contracts < /a > in the employing unit, and there is no" labor contract law "thirty-ninth and fortieth item second and item second, according to the labor contract law, there shall be no fixed term contract, and the laborer also requests to conclude an unfixed term labor contract, and it shall conclude an unfixed term labor contract. This is a mandatory provision unless the worker proposes to enter into a fixed-term labor contract with the employer. In this case, Luo Mou has already subscribed two fixed-term labor contracts with the company. According to the provisions of the labor contract law, there should be no fixed term contract. If the laborer has asked for an unfixed term labor contract, it should conclude an unfixed term labor contract. 
 < Law > /p >
 < Labor Contract Law > .
 fourteenth non fixed term labor contracts refer to the labor contract stipulated by the employer and the employee without definite termination time. 
 the employer and worker can conclude an unfixed term labor contract through consultation. In case of any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, he shall conclude a labor contract without a fixed term unless the worker proposes a fixed term labor contract: 
 (1) the worker has worked continuously for ten years in the employing unit; 
 (two) when the employer first implemented the labor contract system or when the state-owned enterprise was restructured, the labor contract was re established, < a href= "//www.sjfzxm.com/news/index_p.asp" > laborer < /a > in the employing unit for a continuous period of ten years and less than ten years from the statutory retirement age; 
 (three) two successive fixed-term labor contracts have been concluded consecutively, and the laborers have not renewed their labor contracts without the provisions of the thirty-ninth and fortieth articles fortieth and second of this law. 
 if the employer fails to conclude a written labor contract with a worker for one year after the day of his own employment, he shall be deemed to have made an unfixed term labor contract between the employer and the employee.