According to Article 14 of the "Labor Contract Law", an open-ended labor contract refers to a labor contract in which the employer and the employee agree to have no fixed termination time. The employer and the employee may enter into an open-term labor contract upon consensus. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, in addition to the employee's proposal to conclude a fixed-term labor contract, a non-fixed-term labor contract must also be concluded: (1) The employee works continuously in the employer Ten years or more; (2) When the employer implements the labor contract system for the first time or a state-owned enterprise restructures and re-establishes a labor contract, the employee has worked continuously for ten years in the employer and is less than ten years away from the legal retirement age; (3) Continuously concludes a labor contract There are two fixed-term labor contracts, and the employee does not have the circumstances specified in Paragraph 1, Paragraph 2 and Article 40 of Article 39 of this Law to renew the labor contract. ? If the employer fails to 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 open-term labor contract.
But for a worker in a disadvantaged position, what to do is mainly decided by the questioner himself:
First, if the questioner himself is still willing to work in the original employer , if he is unwilling to offend the employer, then he will only obey the employer's decision and sign a contract with a labor dispatch company; after all, signing a contract with a labor dispatch company is also in compliance with Article 63 of the Labor Contract Law. Article 63 Dispatched workers have the right to equal pay for equal work as workers in the employer. The employer shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions within the unit. If the employer does not have workers in the same position, the labor remuneration of workers in the same or similar positions shall be determined with reference to the location of the employer. )
The second is to sit down and communicate with the leaders about the labor contract issues with the labor union and other employees of the employer. According to Article 43 of the "Labor Contract Law", "If the employer unilaterally terminates the labor contract, The trade union shall be informed of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union shall have the right to request the employer to make corrections. The employer shall study the trade union's opinions and notify the trade union in writing of the results. The provisions allow the employer to correct the error in Article 14.
Third, if the questioner does not want to work in the original employer, he only needs to describe the "salary card", bank card salary payment list, attendance sheet, employment certificate, social security payment list, etc. , as evidence to prove that you are employed by the employer, you can file a complaint with the "Labor Dispute Arbitration Committee" under the social security bureau at the county, city, or district level where the employer is located, and obtain legal protection for your own interests (Note: Labor Dispute Arbitration or arbitration