The service period agreement is signed on the premise that the labor contract exists and is valid. The service period agreement is a supplementary contract to the labor contract. Therefore, we have to sign a service agreement instead of a labor contract.
If the service period agreed by the parties to a labor contract is longer than that agreed in the labor contract, and the employer abandons the requirement of the remaining service period at the expiration of the labor contract, the labor contract may be terminated, but the employer shall not hold the laborer liable for compensation during the service period. After the expiration of the labor contract, if the employer continues to provide jobs and requires the laborer to continue to perform the service period, both parties shall renew the labor contract.
How long is the service period?
Service period refers to the shortest period for employees to serve the employer through negotiation because they receive special treatment from the employer, such as special training.
Duration of service period
About the length of service. In the process of legislation, one opinion is that the agreed service period restricts the free flow of workers and has an impact on market allocation. It should be coordinated by public policies and means, and it is not allowed for both parties to agree on restrictions. For example, the law should stipulate that the maximum service period should not exceed several years. Another point of view is that the service period refers to the shortest period that the laborer promises to serve the employer because he accepts the special treatment given by the employer. As long as the employer invests in training workers, the trained workers have the obligation to serve the employer for at least a certain number of years, otherwise they have the obligation to compensate the training expenses, but only in proportion. Therefore, workers accept employment.
To sum up, it is Bian Xiao's answer to what is the agreed service period, and I hope it will help you.
Legal basis:
Article 22 of People's Republic of China (PRC) Labor Contract Law
If the employing unit provides special training expenses and conducts professional technical training for the workers, it may conclude an agreement with the workers to stipulate the service period.
If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.
Article 25 of People's Republic of China (PRC) Labor Contract Law
Except under the circumstances stipulated in Articles 22 and 23 of this Law, the employing unit shall not agree with the laborer that the laborer shall bear the liquidated damages.