What are the legal consequences of a non fixed term labor contract that should be signed? If an employer fails to conclude an open-ended labor contract with a worker in violation of the provisions of this Law, it shall pay twice the monthly salary to the worker from the date when the open-ended labor contract should be concluded. In accordance with Article 14 of the Labor Contract Law, the employer and the worker can conclude an open-ended labor contract after consultation. In any of the following circumstances, if the laborer proposes or agrees to renew or conclude a labor contract, an unfixed term labor contract shall be concluded unless the laborer proposes to conclude a fixed term labor contract: (1) the laborer has worked in the employing unit for ten consecutive years; （2） When the employer first implements the labor contract system or the state-owned enterprise restructures and re concludes the labor contract, the employee has worked in the employer for ten consecutive years and is less than ten years away from the statutory retirement age; （3） The labor contract is renewed after two consecutive fixed term labor contracts are concluded, and the laborer does not have the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law. According to your statement, you meet the legal situation that you should sign a fixed term labor contract. Unless you take the initiative to subscribe to a fixed term labor contract, the employer should sign a non fixed term labor contract with you. According to the second paragraph of Article 82 of the Labor Contract Law, if an employer fails to conclude an open-ended labor contract with a worker in violation of the provisions of this Law, it shall pay twice the salary to the worker every month from the date when the open-ended labor contract should be concluded. After the expiration of the new fixed term labor contract you signed with the employer, if your situation meets the conditions for signing a non fixed term labor contract stipulated in Article 14 of the Labor Contract Law, you have the right to request the employer to sign a non fixed term labor contract with you, and the employer should sign a non fixed term labor contract with you, otherwise, The employer shall bear the responsibility of paying you double salary according to law. Do you understand?
