No Fixed Term Labor Contract

In 2012, a company signed an unfixed term labor contract with Lee, who worked for 10 years.

In 2013, Lee accidentally injured himself in his work and recovered after treatment.

After the appraisal of the local labor capability appraisal committee, it was considered that the labor disability (disability) of Li was not up to grade.

Lee did not object to the conclusion of the appraisal, offered to recuperate for a while, and then went back to work. The company agreed.

3 months later, the company

Inform Li to go to work.

Lee refused to be injured on the ground of injury.

Subsequently, the company once again informed Li, asked him to return to work within 1 weeks, otherwise processed by absenteeism.

Lee did not go to work within the specified time, nor did he ask for leave from the company.

Two weeks later, after giving notice to the trade union in advance, the company decided to unilaterally rescind the labor contract on the grounds of Lee's absenteeism and serious violation of the company's rules and regulations, and issued a proof of the termination of the labor contract.

Lee believes that the two sides made an unfixed period.

The company can not unilaterally rescind the labor contract, so it applies to the local labor dispute arbitration committee for arbitration, and requests the company to continue to fulfill the labor contract.

Is it lawful for the company to do so?

No fixed term labor contract is not "

"When the labor contract is in conformity with the statutory conditions, the employer or laborer enjoys the right to unilaterally rescind.

For example, according to the thirty-eighth provision of the labor contract law, when the employer has "not provided labor protection or labor conditions according to the labor contract" or "fails to pay labor remuneration in full or in time" or "fails to pay social insurance premiums for workers in accordance with the law", the laborer has the right to terminate the unfixed term labor contract; according to the thirty-ninth provision of the law, the employer has the right to terminate the unfixed term labor contract when there are serious violations of the rules and regulations of the employing units or serious dereliction of duty, malpractice, and serious damage to the employer.

Although Li was injured, he did not go back to work in the company without reason, and did not go through the procedures of asking for leave. His behavior violated the company's rules and regulations.

The dissolution of a labor contract by a company is lawful.

In practice, due to the lack of a correct understanding of the non fixed term labor contract, some people believe that no fixed term labor contract can be terminate once it is signed.

Therefore, some workers mistake the unfixed term labor contract as "iron rice bowl". Some employers regard it as a "burden", which is incorrect.

As long as there are circumstances prescribed by law or agreed by both parties, no fixed term labor contract can be relieved as a fixed term labor contract.

Related links:

A few days ago, the opinions of the CPC Central Committee and the State Council on building harmonious labor relations were officially released. After careful reading of the "opinion", we will find that there are specific opinions on how to implement paid vacation.

At the same time, the opinion also stipulates that the establishment of harmonious labor relations should be included in the assessment index of local governments.

Today, the welfare of workers is more secure.

This policy consultation desk will invite relevant lawyers and experts to read a series of explanations about the employees' sabbatical.

The regulations on paid annual leave for employees clearly stipulate: "the cumulative employment of employees has been less than 10 years for 1 years, and the annual leave is 5 days; the annual leave of 10 years has already been 10 years for less than 20 years; the annual leave of 15 years has been 20 years.

In practice, some employers conclude labor contracts with laborers intermittently, and then avoid the statutory annual leave conditions during the waiting period between several labor contracts.

One phenomenon is that workers are waiting for jobs every year, and there is no continuous work for 12 months. They also take leave as a holiday, and think that workers should not enjoy paid annual leave.

We should distinguish between waiting for leave and vacation, and during the annual vacation with pay, the laborers enjoy normal wages, while the workers can only enjoy basic living expenses while they are on duty, so they can not be confused.

The claim that the deadline for waiting for a job to meet the deadline is not valid.

When this happens, workers should try to collect relevant evidence of continuous working hours, such as attendance records, work papers, payroll records and other materials, so as to win the initiative in the process of proof and complaints, and maintain their own paid vacation rights and interests.