女员工达到50周岁，劳动合同会自然终止吗？

Is the labor contract terminated naturally when a female employee reaches the age of 50?

公司一名女员工即将满50周岁，已签了无固定期限劳动合同。由于该员工的绩效一直不是很好，公司有意想要终止劳动合同，但该员工社会保险的缴纳年限还不足15年，还不符合领取养老保险资格。所以等到这个员工年满50周岁，劳动合同会自然终止吗？公司可以按照员工达到退休年龄为理由与她终止劳动合同，并不支付终止劳动合同经济补偿吗？

A female employee of our company is about to reach 50. The company has signed a open-ended labor contract with her. Considering that her performance has not been very good, the company intends to terminate the labor contract with her. However, her payment of social security is less than 15 years, so she is not eligible to receive pension. Will the labor contract be terminated naturally when she turns 50? Can the company terminate the labor contract with her without paying severance on the ground that she has reached the retirement age?

2022.07.21

公司终止通知发出后还能撤回吗？

Can the employer withdraw the rescission notice after issuing it?

员工与公司签订的第二次固定期限劳动合同即将到期，部门不想与员工续订，于是向其发放了《终止劳动合同通知书》，员工收到通知后认为公司应当与他签订无固定期限劳动合同，要求公司向他支付2N。那么，届满日期到期前公司能撤回这份终止通知吗？

When the second fixed-term labor contract concluded by the employee and the company was expiring, the department was reluctant to renew the contract with the employee, so it issued Notice of Termination of Labor Contract to the employee. After receiving the notice, the employee reasoned that the company should sign an open-ended labor contract with him and asked the company to pay him 2N. Then before the expiration, can the company withdraw the rescission notice?

2022.03.03

两次固定期限合同到期后，是否应续订无固定期限合同？

Shall an open-ended labor contract be concluded upon expiration of two fixed-term labor contracts?

公司与员工签订两次固定期限合同到期，续签是否应该签订无固定期限劳动合同？

Shall an open-ended labor contract be signed, upon expiration of an open-ended labor contract concluded between the employer and the employee on two consecutive occasions?

2019.02.21

无固定期限劳动合同员工达到退休年龄，视为劳动关系终止?

Shall the labor relations be deemed as termination if an employee to a non-fixed term labor contract reaches the retirement age?

员工签订无固定合同后达到退休年龄，是否可以自动终止劳动关系？需要经济补偿金吗？

Shall the labor relations terminate automatically with the employee to a non-fixed term labor contract who reaches the retirement age? Is it necessary to pay economic compensations?

2019.01.03

什么情况下劳动者可以要求用人单位签订无固定期限劳动合同？

Under what circumstances may an employee ask an employer to conclude an open-ended labor contract?

我司有连续工作满10年的员工，要求签订无固定期限劳动合同，能否这样操作？还有其他的情形需要这样操作的吗？

Having worked in our company for ten years, one of our employees asks to sign an open-ended labor contract. Is this request feasible? Are there any other circumstances that require such practice?

2018.06.21

无固定期限劳动合同的订立条件

Conditions of Concluding a Non-fixed Term Labor Contract

本文就无固定期限劳动合同的订立条件做简要阐述，以供大家参考。

This article briefly illustrates the conditions of concluding a non-fixed term labor contract and it is for your reference only.

2017.11.09

外籍员工可以签订无固定期限劳动合同吗?

Can the company enter into a non-fixed term labor contract with an expatriate employee?

我们需要同意这位员工签订无固定期限劳动合同的请求吗？

Should we consent to the request made by the employee?

2017.05.11

企业用工之无固定期限劳动合同败诉风险

Enterprise’s risk of losing lawsuit on account of its signing labor contract without fixed term with employee

用人单位自用工之日起满一年不与劳动者订立书面劳动合同的，视为用人单位与劳动者已订立无固定期限劳动合同。

If the employer fails to sign a written labor contract with an employee after the lapse of one full year from the date when the employee begins to work, it shall be deemed that the employer and the employee have concluded a labor contract without a fixed term.

2016.03.24

总分公司、母子公司交替用工的法律问题

Legal issues about the alternate employment of head-branch companies and parent-subsidiary companies

交替用工如非“职工本人原因”造成的，则新旧用人单位之间的工龄连续计算，职工工龄满十年的仍然必须订立无固定期限劳动合同。

If alternate employment is not caused by “the personal reason of employees”, the working years between old and new employing units should be calculated continuously and employees with the working years full to 10 years still must conclude the unfixed-term labor contract.

2016.01.07

怎样才算工龄连续?

What constitutes a continuous length of service?

无论是劳动法还是劳动合同法均规定在用人单位连续工作满十年的员工，提出签订无固定期限劳动合同的，用人单位应当与其签订。对于工作年限满十年的员工，如何认定其工龄是否连续，成为了判断其是否符合签订无固定期限劳动合同法定条件的关键。

Both the Labor Law and the Labor Contract Law have stated that if the employees with more than ten years of working experiences initiate to sign a labor contract without fixed terms, the employing unit should do so. How to identify the continuous length of service for the employees with more than ten years of working experience will then become the key for the determination of the legal condition of signing of a labor contract without fixed terms.

2015.11.19

无固定期限合同的员工，如果终止劳动合同，如何补偿?

How to make compensation if the company terminates the labor contract with an employee who executed an open-ended contract?

无固定期限劳动合同不是铁饭碗，与固定期限劳动合同并没有本质的区别，只要员工出现违纪行为或被认定不胜任工作，用人单位仍然可以与其解除劳动合同。

The open-end labor contract does not represent a secure job and there is no essential difference between the open-end labor contract and the fix-term labor contract. The employer may terminate the labor contract with the employee provided that he has disciplinary offence or is found to be incompetent to his position.

2015.10.29

如何HOLD住无固定期限劳动合同

How to hold an unfixed-term labor contract

2008年施行的《劳动合同法》对无固定期限劳动合同做了诸多的规定，立法之宗旨在于解决劳动合同短期化的问题，意图通过对劳动合同期限的限制，以实现长期稳定的劳动关系。

The Labor Contract Law implemented in 2008 includes quite a few regulations in relation to the unfixed-term labor contract for the purpose of solving the short-term problem of labor contracts and realizing a long-term and stable labor relation by restricting labor contract duration.

2015.10.29

企业高管与无固定期限劳动合同

Corporate executives and the non-fixed term labor contract

公司副总经理作为用人单位的高级管理人员，其劳动关系受劳动法律法规调整，同时又因为其身份的特殊性，《公司法》中对其职务履行亦有特别规定，实践中会因此发生竞合。

The deputy general manager of the company is the senior management of the employing unit, and the labor relationship between him and the company is regulated by labor laws. On the other hand, due to the special identity of the manager, there have also been some special regulations about the rights and obligations of senior management in PRC Company Law. There has been some concurrence in practice therefore.

2015.09.24

两次固定期限劳动合同=无固定期限劳动合同?

Two times of fixed-term labor contract = unfixed-term labor contract?

无固定期限劳动合同并不是有些人认为的“铁饭碗”。从法律层面出发，相较于固定期限劳动合同的解除、终止，除了不能有效适用劳动合同期满终止这一情形外，其他的解除、终止情形，两者在适用上并无差异。

Unfixed-term labor contract is not the "iron rice bowl" as considered by some people. From a legal point of view, compared with the cancellation or termination of fixed-term labor contract, the circumstances where unfixed-term labor contract is canceled or terminated are the same except expiration.

2015.03.26

以完成一定工作任务为期限的劳动合同的实务要点

Key points of employment contracts to expire upon completion of a certain job in practice

在以完成一定工作任务为期限的用工形式下，用人单位也应当与劳动者订立书面劳动合同，否则超过一年也视为用人单位与劳动者已订立无固定期限劳动合同。

This particular form of employment contract requires the employer to establish a written contract with the employee. If a written contract is not established within one year from the date when the work begins, the employment contract shall be considered as an open-ended contract.

2014.07.17