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02.劳动合同(Employment contract)

日期:2023-07-28


    重点内容:1. 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同;

    2. 固定期限劳动合同,是指用人单位与劳动者约定合同终止时间的劳动合同。用人单位与劳动者协商一致,可以订立固定期限劳动合同;

    3. 无固定期限劳动合同,是指用人单位与劳动者约定无确定终止时间的劳动合同。用人单位与劳动者协商一致,可以订立无固定期限劳动合同。有下列情形之一,劳动者提出或者同意续订、订立劳动合同的,除劳动者提出订立固定期限劳动合同外,应当订立无固定期限劳动合同:(1)劳动者在该用人单位连续工作满十年的;(2)用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时,劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的;(3)连续订立二次固定期限劳动合同,且劳动者没有劳动合同法第三十九条和第四十条第一项、第二项规定的情形,续订劳动合同的。用人单位自用工之日起满一年不与劳动者订立书面劳动合同的,视为用人单位与劳动者已订立无固定期限劳动合同;

    4. 以完成一定工作任务为期限的劳动合同,是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。用人单位与劳动者协商一致,可以订立以完成一定工作任务为期限的劳动合同。

    适用情形:中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织(以下称用人单位)与劳动者建立劳动关系,订立、履行、变更、解除或者终止劳动合同。国家机关、事业单位、社会团体和与其建立劳动关系的劳动者,订立、履行、变更、解除或者终止劳动合同。

    依  据:《中华人民共和国劳动合同法》。

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    重点内容:职工在规定的医疗期、停工留薪期内或者女职工在孕期、产期、哺乳期内,其劳动合同期满,除法律、法规规定的情形外,合同期限顺延至规定的医疗期、停工留薪期或者女职工特殊保护期期满为止。

    适用情形:1. 本市行政区域内的企业事业单位、个体经济组织、民办非企业单位、国家机关和社会团体等用人单位的职工权益保障,适用本条例。

    2. 本条例所称职工,是指与用人单位建立劳动关系的劳动者(含进入城镇就业的农村劳动者)。国家公务员以及依照和参照国家公务员制度管理的人员除外。

    依  据:《重庆市职工权益保障条例》。



Employment contract


    Highlights: 1. The employment contract is divided into fixed-term employment contract, open-term employment contract and employment contract with the term of completing a certain work assignment;

    2. "Fixed-term employment contract" is an employment contract for which the employer and the employee has agreed upon the termination date. The employer and employee may conclude a fixed-term employment contract by consensus;

    3. "Open-term employment contract" is an employment contract whose termination date is not fixed as agreed upon by the employer and the employee. Both parties may conclude an open-term employment contract by consensus. Under any of the following circumstances, where an employee proposes or agrees to renew or conclude an employment contract, an employment contract with an open term shall be concluded, except that the employee proposes to conclude a fixed-term employment contract: (1) The employee has worked for the employer for at least 10 consecutive years; (2) The employee has worked for the employer for at least 10 consecutive years and is less than 10 years away from the statutory retirement age from the time when the employment contract system is implemented by an employer for the first time or a new employment contract is signed by a state-owned enterprise after restructuring; (3) The fixed-term employment contract has been signed for two consecutive times and the employee does not fall under the circumstances specified in Article 39 and Articles 40.1 and 40.2 of the Labor Contract Law. If an employer fails to conclude a written employment contract with an employee within one year from the date of employment, they shall be deemed to have entered into an open-term employment contract;

    4. An employment contract with the completion of a certain work assignment as its duration refers to an employment contract to which the employer and the employee agree that the contract terminates upon fulfillment of a certain work assignment. The employer and the employee may enter into an employment contract with the completion of a certain work assignment as its duration by consensus.

    Scope of application: Establishment of labor relations between enterprises, individual economic organizations, non-governmental nonprofit organizations, and others within the territory of the People's Republic of China (hereinafter referred to as "employers") and employees; conclusion, performance, change, dissolution or termination of employment contracts. Conclusion, performance, alteration, cancellation or termination of an employment contract between a State organ, public institution, or social group and an employee with whom it has established an employment relationship.

    Legal basis: Labor Contract Law of the People's Republic of China.

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  Highlights: If an employment contract expires during the prescribed medical period or the period of leave without pay, or if a female employee is in pregnancy, childbirth, or breastfeeding, the contract shall be extended to the end of the prescribed medical period, the period of leave without pay, or the period of special protection for female employees, except for cases stipulated by laws and regulations.

    Scope of application: 1. The present article shall be applicable to the protection of the rights and interests of employees in enterprises, public institutions, individual economic organizations, non-governmental non-profit organizations, State organs, social groups, and other employers within the administrative areas of Chongqing.

    2. The employees referred to in the present article are those who have established labor relations with their employers (including rural people coming to towns and cities to find jobs). This excludes civil servants and those who are managed in accordance with and by reference to the national civil service system.

    Legal basis: Regulations of Chongqing Municipality on the Protection of the Rights and Interests of Employees.


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