Unfixed term labor contract template content
【Types of labor contracts】Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts and labor contracts that are limited to the completion of certain work tasks.
[Labour contract without a fixed term] A labor contract without a fixed term refers to a labor contract in which the employer and the employee agree that there is no definite termination time.
The employer and the employee may enter into a labor contract without a fixed term if they reach consensus through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an unfixed-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract:
(1) The employee has worked continuously in the employer for ten years;
(2) When an employer implements the labor contract system for the first time or a state-owned enterprise restructures and establishes a new 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) A fixed-term labor contract is concluded twice in a row, and the employee does not have the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law to renew the labor contract.
If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it will be deemed that the employer and the employee have entered into an open-term labor contract.
Unfixed term labor contract template other matters
[Economic layoffs] If one of the following circumstances occurs and it is necessary to lay off more than 20 people or to lay off less than 20 people but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance. After listening to the opinions of the trade union or employees, and reporting the personnel reduction plan to the labor administration department, the personnel may be reduced:
(1) Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law
(2) Serious difficulties occur in production and operation
(3) If the enterprise changes production, makes major technological innovations, or adjusts its business methods, it still needs to lay off employees after changing the labor contract.
(4) Other major changes in the objective economic conditions based on which the labor contract was concluded make it impossible to perform the labor contract
When reducing personnel, priority should be given to retaining the following personnel:
(1) Entering into a longer fixed-term labor contract with the unit
(2) Entering into a non-fixed-term labor contract with the unit
(3) There are no other employed persons in the family, and there are elderly people or minors in need of support.
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