For the same unit have worked continuously for 10 years,ordinary workers (not including the original restructuring of the transitional period,and special personnel) who may be required to enter into non-fixed term labor contracts.Working hours of workers less than 10 years,and his proposed request for a non-fixed term labor contract,the employing unit may not accept.But the signing of non-fixed term labor contract must be in accordance with equality,voluntariness,the principle of consensus,both employers and workers to reach agreement,which is a statutory requirement.Only the existence of the employing unit or a party to renew the labor contract workers will not be signed without a fixed term labor contracts.
Those who think that as long as the working party will be able to sign without a fixed term labor contract,or the employer does not agree can be refused without a fixed term labor contract,both views are wrong.
Practice in the same unit of work for 10 consecutive years or more workers and employers have signed a fixed-term labor contract,they often require the employer to change the non-fixed term contracts.How to deal with this situation,there is much controversy.Some people think that the kinds of circumstances,if the employing unit and laborers have signed a fixed-term labor contract,it can be assumed that workers and employers have agreed to extend the labor contract,this time made with the employers to make workers without a fixed-term labor the contract,the employer and the worker should be signed without a fixed term labor contract.
Was also suggested that workers and employers want to sign non-fixed term labor contract must obtain the consent of the employer,irrespective of whether workers and employers have signed a fixed-term labor contracts.Some people think that,if the employing unit and laborers have signed a fixed-term labor contracts,they can not put forward to make a presumption of workers without a fixed term labor contract.
In practice there are many employers and workers personally believe that without a fixed term labor contract is "iron rice bowl","life tenure" and can not change.In fact,this view is not correct.Without a fixed term labor contract with the other types of labor contracts,as also applies to the "Labor Law" to change the principle of consultation.As long as the parties an equal voluntary negotiation,it can change the duration of contract negotiations,that is a fixed term labor contract can be changed to non-fixed term labor contract,conversely,non-fixed term labor contract can be changed to a fixed term labor contract.In addition to duration of contract beyond
Non-fixed term labor contract,the parties could also work content,labor remuneration,working conditions and violations of the labor contract such as liability for negotiation,to make changes.In the changed terms of the contract,it should be in accordance with the voluntary,equality and the principle of consultation can not take coercion,fraud,concealing the fact that such unlawful means.