Workers Give Up A Fixed Term Contract.

In March 1, 2000, Wang was employed by a computer company and signed four fixed term labor contracts in 2000, 2004, 2010 and 2013. The last labor contract expired in December 28, 2015.

In November 25, 2015, a computer company proposed a termination of labor contract to Wang on the grounds that the labor contract was about to expire in advance, and decided to pay 23160 yuan economic compensation to Wang.

After receiving the economic compensation, Wang applied for labor arbitration to the labor dispute arbitration committee of the company where he was located: 1. requests from March 1, 2010 to December 28, 2015, a computer company paid double pay for not signing an unfixed term labor contract with him.

2. request a computer company to pay 2015 yuan annual salary of 4760 yuan with paid annual leave.

Finally, an arbitral award was made by a computer company to pay Wang Yuan's annual salary of 4760 yuan on his paid annual leave.

Lawyer: Liang Haibin and Cao Xiaoran, lawyer of Tianjin beating water law firm, believe that there are two controversies in this case: 1., should annual leave pay be paid for the annual leave? 2., although it is in line with the statutory conditions for signing a fixed term labor contract, and still has a fixed period of labor contract, should the company pay double wages?

First,

In the 1 year of work, the unit should arrange annual leave.

The third provision of the regulations on paid annual leave for employees stipulates: "the accumulated work of employees has been full for 1 years, less than 10 years, and the annual leave is 5 days; the 10 year's less than 20 years, the annual leave 10 days; the 20 year's annual leave of 15 days.

The national statutory holidays and rest days do not include annual leave. "

As well as the fifth provision of the annual regulations on paid annual leave for employees: "according to the specific circumstances of production and work, and considering the wishes of employees, the unit arranges the annual leave for employees.

Annual leave can be arranged centrally in 1 years, and it can also be arranged in a piecewise manner.

Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees, and it can be arranged in 1 years.

If the unit does not arrange for employees to take their annual leave due to their work needs, they may not arrange for their employees to take their annual leave after their own consent.

For the number of days off, the unit shall pay the annual leave on the basis of 300% of the employee's daily income.

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Secondly, after 10 years of continuous work, there should be no fixed term labor contract.

China's "

"The fourteenth clause stipulates that" no fixed term labor contract "refers to a labor contract stipulated by the employer and the laborer that there is no definite termination time.

Employers and workers can conclude an unfixed term labor contract through consultation.

In case of any of the following circumstances, a laborer who proposes or agrees to renew and conclude a labor contract shall, except for the worker's request for a fixed term labor contract, conclude that there shall be no fixed term labor contract: (1) the worker has worked continuously for ten consecutive years in the employing unit; (two) when the employer implements the labor contract system for the first time or the state owned enterprise reestablishes the labor contract, the worker will work continuously for ten years in the employing unit and less than ten years from the statutory retirement age; (three) the two consecutive fixed term labor contract shall be concluded continuously, and the worker shall renew the labor contract without the provisions of the first and second provisions of this Law and fortieth.

Finally, the eighty-second clause and second paragraph of the labor contract law stipulates: "if the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, it shall pay the laborer two times the monthly salary from the date of the conclusion of the contract."

In connection with the case, Wang did not take his annual leave in 2015. A computer company should deal with the number of days that Wang should take off and pay his annual leave in accordance with 300% of Wang's daily wages.

Therefore, labor arbitration supported Wang's request for arbitration.

At the same time, Wang worked in a computer company for 10 consecutive years and should have no fixed term labor contract.

Although the law gives laborers the choice of making contracts without fixed term, the two sides still make a fixed term labor contract based on voluntary equality and consensus. This shows that Wang has given up the conclusion of the non fixed term labor contract, does not violate the mandatory provisions of the law, and has fulfilled their obligations in accordance with the contract, and the labor contract has actually been fulfilled.

After the king, the right to enter into a non fixed term labor contract will not be supported by the law.

Therefore, the labor arbitration department dismissed Wang's arbitration request.

If Wang insists on signing a labor contract with no fixed term and can not be realized because of company reasons, the company should pay double payment to Wang during this period.