Legal basis: Article 12 of the Labor Contract Law: Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts and labor contracts with the completion of certain tasks as the deadline.
Article 13 of the Labor Contract Law: A fixed-term labor contract refers to a labor contract in which the employer and the employee stipulate the termination time of the contract. The employer and the employee may conclude a fixed-term labor contract through consultation.
Article 14 of the Labor Contract Law: An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time. The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
(1) The laborer has worked in the employing unit continuously for ten years;
(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age;
(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.
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.