Is an open-ended contract mandatory after 2 fixed-term contracts?
Under Article 14 of China's Labor Contract Law, once two consecutive fixed-term employment contracts have been signed, the employer is prohibited from opting for another fixed-term contract or terminating the employment relationship. If the employee requests or agrees to renew or establish an open-ended employment contract, the employer is obligated to comply.
When an employer has signed two consecutive fixed-term labor contracts with an employee and the employee qualifies for an open-ended contract, the employer is legally required to inform the employee of their right to choose such a contract.
This obligation not only protects the employee's rights, but also ensures that the employer fulfills their legal responsibilities.
If an employee believes that the employer has failed to fulfill this obligation, resulting in the employee missing the opportunity to sign an open-ended labor contract, the employee may seek redress through legal channels such as labor arbitration or litigation.