Things to Note When Renewing a Labor Contract.

Date:2026-04-28 11:38:11  Views:49

The labor contract is one of the important legal forms for safeguarding workers' labor rights and interests.


Fellow professionals,If you are planning to renew your laborntract,you need to master these key points.



Can a probationary period be set again when renewing a labor contract?


Article 19 of the Labor Contract Law stipulates that the same employer may only agree on one probationary period with the same employee.


If a worker is re-employed by a company they previously worked for in a different position, there is no need to agree on a probationary period again.


Renew employment contract


Does the employer need to provide the employee with a copy of the employment contract?



It is required that Article 16, Paragraph 2 of the Labor Contract Law stipulates that the labor contract text shall be held by the employer and the employee espectively.


Continuing to work after the labor contract expires without renewal: How is the labor relationship determined?


Article 7 of the Labor Contract Law stipulates that an employer establishes a labor relationship with an employee from the date of employment.


Article 10 stipulates that when an employment relationship is established, a written labor contract shall be concluded. Where an employment relationship has been established but a written labor ract has not been concluded simultaneously, a written labor contract shall be concluded within one month from the date of employment.


Article 5 of the Regulations on the Implementation of the Labor Contract Law stipulates that if, within one month from the date of employment, an employee refuses to to a written labor contract with the employer after being notified in writing by the employer, the employer shall notify the employee in writing to terminate the labor relationship, without being required to pay economic comation to the employee, but shall pay the employee remuneration for the actual period of work in accordance with the law.


Article 6 stipulates that if an employer fails to enter into a written labor contract with an employee for a period exceeding one month but less than one yrom the date of employment, the employer shall pay the employee double wages on a monthly basis in accordance with Article 82 of the Labor Contract Law, and shall enter into a written laontract with the employee retroactively; if the employee refuses to enter into a written labor contract with the employer, the employer shall issue a written notice to the employee to terminate the labor relaship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.


Article 7 stipulates that if an employer has not entered into a written labor contract with an employee for a full year from the date of employment, the employhall pay the employee double wages on a monthly basis in accordance with Article 82 of the Labor Contract Law from the day following the expiration of one month from the date of emplot to the day before the expiration of one year, and shall be deemed to have entered into a labor contract of indefinite term with the employee on the day when one year has expired fromf employment, and shall immediately enter into a written labor contract with the employee.


If the legitimate rights and interests of a worker are infringed upon, according to Article 77 of the Labor Contract Law, the worker has the right to requ departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.


Can an employee claim double wages for the period during which they continued working after the expiration of their labor contract if the company failed to renew it?


Upon the expiration of the labor contract, if the employee continues to work for the employer, the employer shall lawfully enter into a written labor contract with the employee.


If a written labor contract has not been concluded for more than one month, the employee may claim that the employer pay double wages on a monthly basis.



This article is reprinted from the WeChat Official Account "Shandong Higher People's Court", and we express our gratitude!