固定期限劳动合同与无固定期限劳动合同的区别英文对照Word文件下载.docx

1、 Is it really so terrible? 本文希望通过固定期限劳动合同、无固定期限劳动合同的解除和终止条件和责任的比较，说明无固定期限劳动 合同与固定期限劳动合同的差别，揭示无固定期限劳动合同的本质。 This text intends to explain the differences between the fixed-term labor contract and the unfixed-term labor contract, to reveal the nature of the unfixed-term labor contract through the compa

2、rison of the conditions and liabilities of premature termination and termination of the two kinds of the labor contracts. 1、用人单位解除劳动合同条件的差别 Differences of the Conditions for Prematurely Terminating the Labor Contract by the Employer 1.1用人单位解除固定期限劳动合同的条件 Conditions under which the Employer could Prem

3、aturely Terminate the Fixed-term Labor Contract 根据劳动合同法的规定，固定期限劳动合同下，劳动合同可因满足如下条件时被解除： The fixed-term labor contract may be prematurely terminated by the employer due to one of the following conditions in accordance with the Labor Contract Law: 1.1.1用人单位与劳动者协商一致的； The employer and worker make a mutu

4、al agreement upon premature termination; 1.1.2、用人单位因劳动者过错解除，包括: The employer prematurely terminates the contract due to the default of the employee, including: （a）劳动者在试用期间被证明不符合录用条件的； It has been proved that the employee does not satisfy the recruitment requirements during the probation period; （b）劳

5、动者严重违反用人单位的规章制度的； The employee is in serious violation of the bylaws of the employer; （c）劳动者严重失职，营私舞弊，给用人单位造成重大损害的； The worker causes severe damage to the employer due to his grave negligence to his duties or seeking private benefits; （d）劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单 位提出，拒不改正的； The emp

6、loyee establishes labor relationship with other employer at the same time, which may cause serious negative influence on the fulfillment of his works designated by the employer, or the employee refuses to make a correction after the employer has required him to quit the other labor relation with oth

7、er employer; （e）劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思情况下订立或者变更劳动合 同，致使劳动合同无效的； The labor contract is invalidated because it is concluded or amended under the fraud, menace from the employee or under the employers precarious position of which the employee take the advantage, which is contrary to the employ

8、ers true will. （f）劳动者被依法追究刑事责任的。 The employee is prosecuted for the criminal liabilities. 1.1.3、用人单位因法定原因解除，包括： The employer prematurely terminates the contract due to the legal causes, including: （a）劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安 排的工作的； The employee falls ill or is injured for a non-wo

9、rk-related reason, and is not able to bear the original position after the expiration of the medical treatment period as prescribed, nor can he assume any other position arranged by the employer; （b）劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的； The employee is incapable of fulfilling his job and remains so after

10、 trained or position adjusted; （c）劳动合同订立时所依据的客观情况发生重大变化，致使劳动合同无法履行，经用人单位与劳动者协 商，未能就变更劳动合同内容达成协议的； The objective circumstance on which the conclusion of the labor contract is based has altered significantly, which results in that the labor contract is unable to be performed, and no agreement concerni

11、ng the modification of contents of the labor contract is reached after discussion by the employer and the employee; （d）用人单位依照企业破产法规定进行重整的； The employer is under revitalization in accordance with the bankruptcy law; （e）用人单位生产经营发生严重困难的； The employer faces serious difficulties in production and busines

12、s operation; （f）企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的； The employer has changed products, made significant technological renovation, or adjusted the form of business operation, which results in the requirement to cut down the number of workers even after altering the labor contracts; （g）其他因劳动合同订立时所依据

13、的客观经济情况发生重大变化，致使劳动合同无法履行的。 The objective economic circumstance, on which the labor contract is based, has altered significantly, which causes the labor contract can not be performed any more. 1.2用人单位解除无固定期限劳动合同的条件 Conditions under which the Employer could Prematurely Terminate the Unfixed-term Labor

14、 Contract 根据劳动合同法的规定，在满足上述1.1.1至1.1.3条件的情况下，用人单位也可以解除劳动者的无固定 期限劳动合同。也就是说，无固定期限劳动合同和固定期限劳动合同下，用人单位解除的条件是一致的。According to the Labor Contract Law, the employer may also prematurely terminate the unfixed-term labor contract under any circumstance as mentioned in Article 1.1.1 to 1.1.3. That is, for an employer, to prematurely terminate the labor contract, either it is a fixed-term labor contract, or it is a unfixed-term labor contract, the conditions are totally the same. 2、用人单位解除劳动合同的限制条件 Limitations of Prematurely Terminating the Labor Contract by the E