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Labor Law: No Fixed Term Contract Can Not Be Terminated.

2016/9/4 14:27:00 66

A Fixed Period Of TimeA ContractA Right To Protect

Zhou Zhou, a member of a mechanical processing company, has worked in the unit for more than 10 years, and has signed an unfixed term labor contract with the company last year.

But in July of this year, the company leaders informed all the staff that the company would cancel the labor contract and the termination of all the labor contracts for shareholders.

Zhou did not understand that he had signed a contract with the company.

Fixed term

How can a company terminate his labor contract in a labor contract?

Many people believe that the signing of an unfixed term labor contract is equivalent to holding the "iron rice bowl", which is incorrect.

There is no difference between the fixed term labor contract and the fixed term labor contract, except for the termination condition of "contract expiration".

According to

Labor Contract Law

Article forty-fourth provides that, in one of the following situations, the labor contract shall be terminated: (1) the labor contract expires; (two) the laborer will enjoy the basic pension insurance benefits according to law; (three) the worker dies, or is declared dead or declared missing by the people's court; (four) the employing unit has been declared bankrupt according to law; (five) the employer has been revoked the business license, ordered to close down, revoked or the employer decided to dissolve in advance; (six) other circumstances stipulated by laws and administrative regulations.

The labor contracts mentioned here include fixed term labor contracts and unfixed term labor contracts.

Even if an employee has signed an unfixed term labor contract, the employer may terminate the labor contract according to the regulations in accordance with the law in addition to the serious violation of discipline that may arise. In addition, there may be a termination of the labor contract due to the statutory matters such as employee retirement, death or bankruptcy of the employer.

In this case, if the company has started

Cancellation procedure

Then, the labor contract of all employees of the company will be terminated on the "cancellation date" determined by the liquidation team.

Of course, under such circumstances, the company should give employees corresponding economic compensation in accordance with the law.


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