学中文【劳动合同 láo dòng hé tong】Employment Agreement 学写汉字 偏旁部首 (力字旁, 口字旁)

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劳动合同,又称劳动契约、劳动协议。劳动合同是调整劳动关系的基本法律形式,也是确立劳动者与用人单位劳动关系的基本前提,在劳动法中占据核心的地位。劳动合同是雇主与劳工订立的劳务提供合约,是商业合约的一种,内容通常包括工资、工作时间、休假、休息时间、福利、工作内容等。

Labor contract, also known as labor contract and labor agreement. The labor contract is the basic legal form for adjusting labor relations and the basic premise for establishing the labor relationship between workers and employers. It occupies a core position in labor law. A labor contract is a labor service contract entered into between an employer and a worker. It is a type of commercial contract. The content usually includes wages, working hours, vacations, rest times, benefits, work content, etc.

以合同期限为标准,劳动合同可分为三类:固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。劳动合同期限,是指劳动合同的有效时间,是双方当事人所订立的劳动合同起始和终止的时间,也是劳动关系具有法律约束力的时间。

一、固定期限劳动合同(又称定期劳动合同)
固定期限劳动合同,是指用人单位与劳动者约定合同终止时间的劳动合同。用人单位与劳动者协商一致,可以订立固定期限劳动合同。固定期限劳动合同终止时,是否续订在很大程度上取决于用人单位。签订固定期限劳动合同,对于用人单位而言,可获取用工灵活性和降低用工成本,但劳动者的职业稳定感较差。

二、无固定期限劳动合同(又称不定期劳动合同)
无固定期限劳动合同,是指用人单位与劳动者约定无确定终止时间的劳动合同。用人单位与劳动者协商一致,可以订立无固定期限劳动合同。

三、以完成一定工作任务为期限的劳动合同
以完成一定工作任务为期限的劳动合同,是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。用人单位与劳动者协商一致,可以订立以完成一定工作任务为期限的劳动合同。此类合同实际上也是一种定期的劳动合同,一般用于以下情形:
1、以完成单项工作任务为期限的劳动合同;
2、以项目承包方式完成承包任务的劳动合同;
3、因季节原因临时用工的劳动合同;
4、其他双方约定的以完成一定工作任务为期限的劳动合同。

Based on the contract period, labor contracts can be divided into three categories: fixed-term labor contracts, non-fixed-term labor contracts, and labor contracts that are limited to the completion of certain work tasks. The term of a labor contract refers to the effective time of the labor contract. It is the starting and ending time of the labor contract signed by both parties. It is also the time when the labor relationship becomes legally binding.

1. Fixed-term labor contract (also called fixed-term labor contract)
A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time of the contract. The employer and the employee may enter into a fixed-term labor contract upon consensus. When a fixed-term labor contract is terminated, whether to renew or not depends largely on the employer. Signing a fixed-term labor contract can provide employers with flexibility in employment and reduce labor costs, but workers have a poor sense of career stability.

2. Unfixed-term labor contract (also known as indefinite labor contract)
An unfixed-term labor contract refers to a labor contract in which the employer and the employee agree that there is no definite end time. The employer and the employee may enter into an open-term labor contract upon consensus.

3. A labor contract with a term based on the completion of certain work tasks
A labor contract whose term is based on the completion of certain work tasks refers to a labor contract in which the employer and the employee agree that the completion of a certain job is the term of the contract. The employer and the employee may reach a consensus and enter into a labor contract with a deadline of completing certain work tasks. This type of contract is actually a fixed-term labor contract and is generally used in the following situations:
1. A labor contract that is limited to the completion of a single work task;
2. A labor contract for completing contract tasks in the form of project contracting;
3. Labor contracts for temporary employment due to seasonal reasons;
4. Other labor contracts agreed by both parties to complete certain work tasks.


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