by Maggie Kong, Shane Lou, Susan Shan, Kent Xu, Grace Yang,
Anderson Zhang and John Zhou
Article 14 of the Employment Contract Law regulates
that: if a worker proposes or agrees to renew his employment
contract or to conclude an employment contract in any of the
following circumstances, an open-ended employment contract shall be
concluded, unless the worker requests the conclusion of a
fixed-term employment contract:
- the worker has been working for the Employer for a consecutive
period of not less than 10 years;
- when his employer introduces the employment contract system or
the state owned enterprise that employs him re-concludes its
employment contracts as a result of restructuring, the worker has
been working for the employer for a consecutive period of not less
than 10 years and is less than 10 years away from his legal
retirement age; or
