usually, one month before the expiration of the labor contract, the unit should negotiate with the employee to renew the labor contract or not. If the enterprise fails to renew the labor contract, it should pay the employee compensation, and the employee will be compensated for one month's salary for each year of service. If the employee fails to renew the labor contract, the labor contract will be terminated at the expiration of the contract, and the enterprise does not need to pay compensation. To renew a labor contract, it is usually necessary to re-sign a new labor contract, and the content needs to meet the legal requirements. If there are illegal clauses in some units, the workers can refuse and the employer needs to pay compensation; If it is in line with the signing of an open-ended labor contract, the employee proposes that the employer should sign an open-ended labor contract.
Procedures for signing the labor contract:
1. The labor contract should be signed on the basis of both parties' introduction of their actual situations;
2. The employing unit shall truthfully introduce its production, working environment and conditions and specific production tasks;
3. Laborers should truthfully introduce their expertise and physical health;
4. After both parties reach an agreement on the contents of the labor contract through consultation, they shall sign and seal it;
5. The employer shall affix the corporate seal;
6. Workers must sign or affix their seals.
to sum up, in social activities, every worker has the right and obligation to work, and the legislative purpose of our country is to protect the fruits of labor and safeguard the rights and interests of workers. Only by providing reliable protection for the legitimate rights and interests of workers can we meet the fundamental interests of the broad masses of workers, thus maintaining the stable development of the country and society. Therefore, safeguarding the legitimate rights and interests of workers is an internal demand for maintaining the stable development of the country and society.
Legal basis:
Article 14 of the Labor Contract Law of the People's Republic of China
An open-ended labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
the employer and the employee can conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
(1) The employee has worked in the employer continuously for ten years;
(2) When the employing unit first implements the labor contract system or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked continuously in the employing unit for ten years and is less than ten years away from the statutory retirement age;
(3) where a fixed-term labor contract has been concluded for two consecutive times, and the employee does not have the circumstances specified in Items 1 and 2 of Article 39 and Article 4 of this Law, and the labor contract is renewed.
if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed that the employer and the employee have concluded an open-ended labor contract.
article 15
a labor contract with the completion of a certain task as the term refers to a labor contract in which the employer and the employee agree that the completion of a certain job is the term of the contract.
the employer and the employee can conclude a labor contract with the completion of certain tasks as the term.