According to Article 87 of the Labor Contract Law, if an employer violates the provisions of this Law by terminating or suspending a labor contract, the employer shall pay compensation to the worker in accordance with Article 47 of this Law, which stipulates that the employer shall pay compensation to the worker at a rate of two times the standard of economic compensation. That is, for the signing of an open-ended labor contract, if the employer did not agree on the termination of the contract, but must terminate the labor contract, this is an illegal termination of the situation, the workers can ask the unit to pay twice the economic compensation.
Under normal circumstances, to meet the conditions for the signing of an open-ended labor contract is: the worker has worked in the employer for ten consecutive years, or the employer has signed a fixed-term labor contract with the worker for two consecutive times. If the employer does not conclude a written labor contract with the worker for one year from the date of employment, the employer is deemed to have concluded an open-term labor contract with the worker.
In the termination of labor contracts, open-term labor contracts, the employer only lost the "labor contract law" article 44 of the "expiration of the labor contract" this termination situation, other circumstances can still be terminated. Well, the relevant content of the open-ended labor contract is introduced to you here.
To sum up, the labor contract law is whether or not to agree on the termination of time as a criterion, divided into fixed-term labor contracts and open-term labor contracts. Employers can choose to sign either fixed-term or open-term labor contracts based on the workers' opinions when they meet the conditions for open-term labor contracts.
That is, serious violation of the rules and regulations of the employer; serious dereliction of duty, malpractice, causing significant damage to the employer; be investigated for criminal liability; and due to illness or non-functional injuries resulting in incapacity to perform the work, as well as other circumstances in line with the employer to terminate the labor contract according to the law, that is, the worker does not have the above circumstances, the employer shall sign an open-term labor contract with the worker. Labor contract.
Workers who are competent in their jobs and have not violated any laws or regulations should sign an open-term labor contract with the employer for the third time, unless they have proposed in writing to sign a fixed-term labor contract.
If the employer does not conclude a written labor contract with the worker for one year from the date of employment, the employer is deemed to have concluded an open-term labor contract. Because the signing of labor contracts is usually done by the unit. Therefore, do not sign a written contract, does not mean that the employer can terminate the labor contract at any time, on the contrary, within one year without signing a written labor contract, the workers can demand two times the salary compensation according to law.
One year is directly regarded as having signed an open-ended labor contract. The most common situation is that after signing two fixed-term labor contracts, the third time directly signed an open-term labor contract. If the employer violates the above provisions, the employee himself can raise the banner of labor law, go to the local social security to defend their rights and interests!