The Term Of Labor Contract Should Be Postponed In Accordance With The Law.

The forty-fifth provision of the labor contract law stipulates that when the labor contract expires and other circumstances stipulated by laws and administrative regulations, the labor contract shall be postponed until the corresponding circumstances disappear.

Owing to the fact that the duration of the labor contract of a full-time union chairman, vice chairman or member is not consistent with the term of office of a full-time trade union member, it is possible that the term of the labor contract is reached, and the term of full time union cadres is not yet full. Under such circumstances, in order to maintain the continuity and stability of trade union work, and to strengthen the protection of trade union cadres from the law, stabilize their labor relations and enable them to better play the role of coordinating labor relations and safeguarding the legitimate rights and interests of workers, the trade union law has made protective provisions on the duration of labor contracts for full-time trade union cadres.

" Trade Union Law "The eighteenth rule states:" Grass roots workers A full-time chairman, vice chairman or member shall, from the date of his appointment, extend the term of his labor contract automatically, extending the duration equivalent to his term of office. The term of the labor contract which has not yet been fulfilled is shorter than the term of office when the chairman of the full-time chairman, vice chairman or member is appointed, and the term of the labor contract is automatically extended to the expiration of the term of office. Except for serious personal negligence or statutory retirement age. "

So-called Labor contract The extension of the term automatically means that the trade union staff and their employers do not need to negotiate on matters related to the extension of the term of the labor contract. The original labor contract is effective and effective, unless the individual is seriously negligent or reaches the statutory retirement age. The Supreme People's court's interpretation of several issues concerning the application of the "People's Republic of China trade union law" in the civil trial indicates that the extension of the labor contract of the full-time chairman, vice chairman and member of the grass-roots trade union shall be counted from the date of the expiration of the term of office of the above-mentioned trade union union, and the extension period is equal to that of the trade union.

There are some differences between workers' full-time chairmen, vice chairmen, members and non full-time chairmen, vice chairmen and members of the grass-roots trade union. There are some differences between the extension of the term of the labor contract and that of a full-time chairman, vice chairman or member. The time limit for extending the term of the labor contract shall be counted from the date of the expiration of the term of office of the trade union. The extension period is equal to the period when the trade union holds office.

Here are two points to note: first, the beginning of the extension of the labor contract is the date when the term of office of the trade union expires. That is to say, on the day when the term of office of the trade union expires, the extension of the labor contract begins to be calculated. Second. The duration of the extension of the labor contract is equal to that of its trade union. For example, the term of office of a trade union is three years, and the duration of the extension of labor contract is three years. The remaining labor contract period will continue to perform. To put it simply, that is to extend a few years for several years.

Instead of a full-time chairman, vice chairman or member who extends the term of the labor contract, it shall be counted from the date of the expiration of the term of the labor contract, and the term of the labor contract shall be extended automatically to the expiration of the term of office of the trade union.