How long is it legal for enterprises to draw lots?
2. According to the new Labor Contract Law, it came into effect on June 65438+ 10/day, 2008. After June+10/October 1 in 65438, if the employer and the employee signed two fixed-term labor contracts, the employer must sign an open-ended labor contract with the employee as long as the employee is willing.
Extended data
1. Article 6 of the Regulations on the Implementation of the Labor Contract Law stipulates that if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. At this time, if the employer has not concluded an open-ended labor contract with the employee, it shall pay the employee twice the salary every month from the date of concluding the open-ended labor contract.
2. Article 7 of the Labor Contract Law stipulates that the employer shall establish labor relations with the laborer from the date of employment. This provision clearly tells us whether there is a labor relationship between employers and workers, and employment is the only criterion. As long as there are employment facts, labor relations have been established, which is legal and will be protected by law.
3. The notice of the Ministry of Labor and Social Security also stipulates that the employer also needs to pay economic compensation for various factual labor relations. It can be seen that the space for employers to avoid responsibility by using the formation of factual labor relations is very narrow. According to the relevant provisions of the Labor Contract Law, if the employer still delays the conclusion of a written labor contract with the employee, it will bear heavier legal consequences.