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Employment contract_ How long is the employment period_

Author: Release time: 2025-03-20 04:38:12 View number: 11

Employment contract: How long is the employment period?

The term of an employee's employment contract is generally several years, how long is the term of the labor contract? Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks. Usually, the term of the labor contract is agreed between the employer and the employee, and it is generally one year or three years. An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. Compared with a fixed-term contract, the biggest difference between a fixed-term employment contract and a fixed-term employment contract is that the performance of the employment contract only has a start time and no end time. Under the following four circumstances, the employer shall sign an indefinite labor contract with the employee: 1. The employee has worked for the employer for 10 consecutive years; 2. When the employer implements the labor contract system for the first time or reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; 3. Conclude two fixed-term labor contracts in a row; 4. If the employer does not 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 concluded an indefinite labor contract. The probationary period is included in the term of the employment contract. If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. This is a specific measure of the Labor Contract Law that stipulates that the probationary period is six months regardless of the circumstances of the employer. In other words, regardless of whether the parties to the employment contract enter into a one-year employment contract or a three-year or five-year employment contract, if a probationary period is agreed, the first period of the employment contract term (for example, it may be three days, five days or a week, or one month or two months) is the probationary period, and the probationary period is included in the entire term of the employment contract. Regardless of whether an employment contract is concluded after the probationary period or not, it is not allowed to separately stipulate the probationary period. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

 

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