Is it permissible to renew an expired employment contract after a period of time?

In the case where the labor contract expired on August 20 and a new contract was not signed until September 9. The new labor contract is an indefinite term labor contract. Is this acceptable?

According to Point b Clause 1 and Clause 2 of Article 20 of the Labor Code 2019, it is stipulated:

+ A fixed-term labor contract is a contract in which the two parties determine its duration and the time to end the validity of the contract within a period not exceeding 36 months from the effective date of the contract.

- When the labor contract stipulated in point b clause 1 of this Article expires and the employee continues to work, the following shall be implemented:

+ Within a period of 30 days from the expiration date of the labor contract, the two parties must sign a new labor contract; during the time that a new labor contract has not been signed, the rights, obligations, and benefits of both parties shall be implemented according to the previously signed contract;

+ If the 30-day period from the expiration date of the labor contract passes without the signing of a new labor contract, the previously signed contract stipulated in point b clause 1 of this Article will become an indefinite-term labor contract;

+ In the event that the two parties sign a new labor contract which is a fixed-term labor contract, it can only be signed one more time, and thereafter, if the employee continues to work, an indefinite-term labor contract must be signed, except for labor contracts for those hired as directors in state-owned enterprises and cases stipulated in clause 1 Article 149, clause 2 Article 151, and clause 4 Article 177 of this Code.

=> Thus, according to the above regulation, if the expiration occurs and the employee continues to work, an indefinite-term labor contract must be signed. And when the labor contract is signed today but has been effective from previous days, it is still legally compliant according to Article 23 of the Code which states:

Article 23. Effectiveness of labor contracts

A labor contract is effective from the date the two parties sign it, except when the two parties have agreed otherwise or the law has other provisions.

Thus, there is no mandatory regulation that the date of signing the labor contract must be the effective date of the labor contract. Sincerely.

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