The employer establishes labor relations with the employee from the date of employment, and the employee is also managed by the employer during the training period, and establishes labor relations with the employer.
A written labor contract shall be signed within one month from the date of employment. If a labor contract is not signed for more than one month, the employee may claim to pay double wages for more than one month but less than one year. If a written labor contract has not been concluded for more than one year, it shall be deemed as an open-ended labor contract.
Matters needing attention in signing a labor contract are as follows:
1. If the labor contract does not stipulate labor remuneration, the employer and the employee shall negotiate clearly; If the coordination between the employer and the employee is inconsistent, the average labor remuneration of 12 months before the expiration of the labor contract shall be the minimum standard of labor remuneration.
2. The labor remuneration and working conditions agreed in the labor contract are changed in actual performance, but the labor contract is not changed according to law, and the actual labor remuneration and working conditions are lower than those agreed in the labor contract, which shall not be used as the minimum standard for renewing the labor contract.
3. If the employer fails to renew the labor contract upon expiration, it shall issue a notice of termination of the labor contract 30 days in advance to inform the employee himself. If the employer fails to give notice in advance or gives notice less than 30 days in advance, it may pay the employee compensation for one month's salary, which shall be regarded as giving notice 30 days in advance and the labor contract shall be terminated upon expiration. Both parties shall go through the formalities for termination of the labor contract in accordance with relevant regulations.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 10
To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 82
If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.