1, continuous working years

According to the provisions of the Labor Contract Law on the compensation clause and its detailed explanation, the salary of 1 month is compensated for every work 1 year, but there is still a question about the effective period of compensation. If the labor contract is signed in 1 year 1 year, it is difficult to identify it as continuous work and cannot claim long-term compensation. Unfortunately, after the expiration of the contract on February 1 2008, because the enterprise failed to notify Zhang in writing in time to terminate the labor relationship, and Zhang continued to work after the expiration of the contract, according to the provisions of the Labor Contract Law, it can be regarded that the enterprise and Zhang continued to perform the first phase of the contract according to the previous phase (no more than one month).

The biggest difference between the Labor Contract Law and the original Labor Law is that there is no fixed-term labor contract.

The signing of an open-ended labor contract stipulated in the labor law is a principle that requires both parties to be voluntary.

The labor contract law is biased towards protecting workers, and the signing of open-ended contracts is biased towards workers. Since 2008, enterprises and enterprises are regarded as two-stage contracts, so Zhang has the right to request the signing of an open-ended labor contract. If an enterprise refuses to sign an open-ended labor contract, it shall compensate the laborer according to the fact that the open-ended labor contract has not been signed. In this way, the labor relations that should have been interrupted are still going on, and Zhang Can advocates compensation from 2004.

2. About the termination of labor relations

According to the provisions of the Labor Contract Law, the employer and the employee shall notify the employee in writing when they terminate the labor relationship. Among them, the laborer who terminates the labor relationship in advance must pay 30 days or one month's salary in advance as the payment in lieu of notice, and the labor contract expires as long as he is informed in writing in advance. When the unit terminated the labor relationship with Zhang, it neither gave a written notice nor took the initiative to go through the formalities, so that Zhang "had an opportunity."

Enterprises should avoid this problem: first, grasp the limitation of labor contracts in time, deal with expired contracts in time, make preparations in advance whether to renew or terminate them, and must not be careless, delay the contract period and fail to deal with them in time. Second, any changes in contracts and labor relations require written notice, including faxes and documents, and oral notice has no corresponding effect.