How Many Months is a Definite Term Labor Contract Valid For?
How many months can a fixed-term labor contract be signed for?
Let me ask: According to the law, there are two types of labor contracts, fixed-term and indefinite-term contracts. So when signing an indefinite-term contract, for how many months can it be signed? Looking forward to your response.
According to Clause 1, Article 20 of the Labor Code 2019, it is stipulated:
A labor contract must be concluded in one of the following types:
- An indefinite-term labor contract is a contract in which the two parties do not determine the term, the time of termination of the contract’s validity;
- A fixed-term labor contract is a contract in which the two parties determine the term, the time of termination of the contract’s validity within a period not exceeding 36 months from the effective date of the contract.
Therefore, according to the above regulations, the law only stipulates that the maximum term of a fixed-term labor contract is 36 months. Hence, the employee and the employer can sign a contract for a term less than or equal to 36 months.
Is it possible to sign a contract appendix to replace the labor contract?
I have signed a labor contract with the company for 1 year, my contract expires on January 21. The HR officer said that it is only necessary to make an appendix to extend the contract for another year without needing to sign a new contract from the beginning. Is this correct?
Based on the provisions in Clause 1, Article 22 of the Labor Code 2019:
A labor contract appendix is a part of the labor contract and has the same validity as the labor contract.
Clause 2 of this Article also defines: A labor contract appendix specifies, amends, and supplements certain articles and clauses of the labor contract but cannot amend the term of the labor contract.
Therefore, this regulation does not allow the signing of a contract appendix to amend the term of a previously signed labor contract. Thus, the HR officer at your company stating that it is only necessary to make an appendix to extend the contract for another year is completely inconsistent with the legal provisions.
You should discuss directly with the HR department to agree on the signing of a new labor contract accordingly.
Mandatory contents to be included in a probation contract?
Let me ask: According to the current legal regulations, what mandatory contents must a probation contract include? Looking forward to your response.
Answer: According to the provisions in Clause 2, Article 24 of the Labor Code 2019, it is stipulated:
The main content of the probation contract includes the probation period and the contents specified at points a, b, c, d, g, and h of clause 1, Article 21 of this Code.
Therefore, the main content of the probation contract must include the probation period and the following additional contents:
- Name, address of the employer and full name, title of the representative signing the labor contract on the employer’s side;
- Full name, date of birth, gender, residence, ID card number, citizen identification card, or passport of the representative signing the labor contract on the employee’s side;
- Job and workplace;
- Salary according to the job or title, form of payment, payment term, salary allowances, and other additional amounts;
- Working hours and rest periods;
- Labor protection equipment for the employee;
Sincerely!
