Terms of the contract to be signed

Generally speaking, the time limit signed by workers and employers is agreed, some are 2 years, some are 3 years. What is the term of this labor contract? On the one hand, it should be stipulated by law, on the other hand, it should be agreed according to the actual situation. So what are the provisions on the time limit for signing a labor contract? Bian Xiao answers for you.

What are the terms of the labor contract?

According to the provisions of the Labor Contract Law, the term of a labor contract can be divided into three types: fixed term, non-fixed term and completion of certain work as the term.

1. A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time of the contract. The employer and the employee may conclude a fixed-term labor contract through consultation. A fixed-term labor contract can be shorter than half a year or two years, or longer than five years or 10 years. The specific time limit should be determined independently according to the employer's situation, post situation and laborer's situation.

2. Non-fixed-term labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time. The employer and the employee may conclude an open-ended labor contract through consultation.

Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, it shall conclude an open-ended labor contract, except that the employee proposes to conclude a fixed-term labor contract:

(1) The employee has worked in the employer continuously for ten years;

(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise re-concludes the labor contract, the employee has worked continuously in the employing unit for ten years and is less than ten years away from the statutory retirement age;

(3) If a fixed-term labor contract has been concluded for two consecutive times and the employee has no labor regulations, the employer may renew the labor contract.

In addition, if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed that the employer has concluded an open-ended labor contract with the employee.

3. A labor contract with the completion of certain tasks as the term refers to a labor contract in which the employer and the employee agree to complete certain tasks as the term. The employer and the employee may conclude a labor contract with the completion of certain tasks as the term.

From the "Labor Contract Law", we can know that the term of a labor contract is generally divided into three types, including a fixed term, which is what we often call a two-year or three-year labor contract; There is no fixed term, that is, there is no clear term in the labor contract; Few people finish a certain amount of work, and they are usually part-time. I hope the article I brought will be helpful to you. Thank you for reading.