Zhongshan Labor Dispatch: a labor contract deemed to be non-fixed term

1. Establish labor Relations
Article tenth of this Law stipulates that the establishment of labor relations shall conclude a written labor contract . But in reality there are a lot of employers in order to evade the obligation, so that the labor relations in a state of uncertainty, in the event of labor disputes also can not be checked, often have not entered into a written labor contract situation occurs. In this respect, this law makes the relevant provisions. For those who have established labor relations but have not entered into a written labor contract at the same time, the employer and the laborer shall enter into a written labor contract within one months from the date of employment. Where the employer has not entered into a written labor contract at the same time, and the labor remuneration agreed by the laborer is not clear, the labor remuneration of the newly employed laborer shall be carried out in accordance with the standards stipulated in the collective contract of the enterprise or industry; The employer shall exercise equal pay for the laborer without any collective contract or collective contract. If the employer has not entered into a written labor contract with the laborer for more than one months from the date of employment, it shall pay twice times the monthly salary to the laborer.
2. precautions
According to the provisions of this article, the employer shall not enter into a written labor contract with the laborer for one year from the date of employment, and the employer and the laborer have entered into a non-fixed term labor contract. However, it should be noted that although the employer and the laborer have signed a non-fixed term labor contract, but does not mean that the employer has signed a labor contract with the laborer. In practice, many employers disregard the provisions of the law, still do not enter into labor contracts with workers. In this case, the second paragraph of 82nd of this Law stipulates that: "If the employer violates the provisions of this Law and does not enter into a non-fixed term labor contract with the laborer, it shall pay twice times the monthly salary to the laborer." ”

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Zhongshan Labor Dispatch: a labor contract deemed to be non-fixed term