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The contract signed three times is not a lifetime contract

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The contract signed three times is not a lifetime contract


        

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  • 2024-06-14 16:01:41

    After signing the contract three times, an open-ended labor contract can be signed. The employer has signed two fixed term labor contracts with the employee consecutively. If the employee proposes to renew the unfixed term labor contract after the expiration of the second fixed term labor contract, the employer must sign an unfixed term labor contract with the employee. A non fixed term labor contract is not a life contract. If the employer has legitimate reasons, it can still terminate the open-ended labor contract between both parties.
    Article 7 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall establish a labor relationship with a worker from the date of employment. The employing unit shall establish a register of employees for future reference. Article 8 When employing labourers, the employing unit shall truthfully inform labourers of the work content, working conditions, workplace, occupational hazards, production safety, labour remuneration and other information that labourers require to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. Article 9 The employing unit shall not detain the resident identity card and other certificates of the laborer when recruiting the laborer, nor require the laborer to provide guarantee or collect property from the laborer in any other name. Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but 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 an employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 11 Where an employing unit fails to conclude a written labor contract at the same time as employing workers, and the labor remuneration agreed with workers is not clear, the labor remuneration of newly recruited workers shall be subject to the standards specified in the collective contract; In the absence of a collective agreement or if it is not stipulated in the collective agreement, equal pay for equal work shall be implemented. Article 12 Labor contracts are divided into fixed term labor contracts, non fixed term labor contracts and labor contracts with the time limit of completing certain work tasks. Article 13 A fixed term labor contract refers to a labor contract in which an employer and a worker agree on the time of termination of the contract. An employer and a worker may conclude a fixed term labor contract upon consensus. Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time. An employer and a worker may conclude a non fixed term labor contract upon consensus. 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. If an employer fails to conclude a written labor contract with a worker at the end of one year from the date of employment, it shall be deemed that the employer has concluded a non fixed term labor contract with the worker.
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