Renewal Of Labor Contract: Laborers Have The Right Of Priority

Employers and workers can conclude an unfixed term labor contract through consultation.

In the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, he shall conclude a labor contract without a fixed term unless he puts forward a fixed term labor contract.

Before the expiration of the labor contract, the worker has not applied for a contract extension with the employer in advance, and the employer has rescinded his labor contract on the grounds of this. He was ordered by the court to pay two times the indemnity of the worker.

Recently, the head of Zhuhai world H feed company got the final judgment of Zhuhai intermediate court.

Li Bin of Bobai, Guangxi, entered the Zhuhai world H feed company in May 20, 2006 and was engaged in boiler work.

The contract will be renewed in April 28, 2008 until December 31, 2013.

When the contract was renewed in April 28, 2008, the world H feed company asked Li Bin to sign a supplementary contract for labor contract as an appendix. The eighth provision of the agreement stipulates: "before the expiration of the contract period, Party B (Li Bin) agrees to renew the contract, and the written application shall be submitted 7 days in advance. Otherwise, it will be deemed that Party B does not agree to renew the labor contract, and the contract will terminate automatically after the expiration of the contract."

In December 20, 2013, world H feed company did not advance 7 days with Li Bin.

On the grounds of renewal, Li Bin issued a notice of not renewing the labor contract.

Li Bin handled the resignation in December 24th of that year, and the H feed company agreed to pay Li Bin the equivalent of 6 months' salary.

"I am willing to renew the labor contract, but we boiler workers are too hard to remember this thing every day. Later, I made an oral application, but the company did not admit that I did not apply in writing, and exceeded the time limit.

I begged for no help, so I had to sign my signature on receipt of the notice not to renew the labor contract.

Li Bin looked depressed.

In February 17, 2014, the more unconvinced Li Bin, the more unconvinced, was applied to the Doumen District Labor and personnel dispute arbitration commission for arbitration on the grounds of illegal dismissal, requiring the H feed company to pay compensation for the illegal termination of the labor contract.

In May 8th of that year, the H feed company paid Li Bin's compensation for illegal termination of the labor contract by 41710 yuan.

Shi H feed company refused to accept the ruling and prosecuted the people's Court of Doumen district.

"That Li Bin, we stop with him."

It can be said that it is the result of the two sides' consensus. How can it be said that it is an illegal termination? He signed the name of the labor contract compensation agreement. Before the contract expires, he did not write the application in writing, and he did not raise any objection when he signed the receipt for the signing of the contract for not renewing the labor contract.

In addition, we have also paid the economic compensation. "

In the trial of first instance,

The representative was rather aggrieved.

The judges of the first instance held that the fourteenth provision of the labor contract law actually gave all the options for renewal of labor contracts (including fixed periods and fixed periods) to qualified workers, instead of taking the agreement of the two parties as the precondition for the renewal of the contract.

That is to say, if the laborer meets the requirements and proposes a labor contract to the employer, if the employee does not explicitly propose a labor contract with a fixed term, the employer should renew the fixed term labor contract with it.

In this case, the agreement between the eighth articles of the labor contract supplementation agreement signed by both parties is actually depriving the workers of the right to choose according to law.

The employer terminates the contract violation on the basis of this invalid agreement.

Shi H feed company refused to accept the ruling and appealed to the intermediate people's Court of Zhuhai, but was rejected.