续签劳动合同注意事项 | Key Points for Renewing a Labor Contract

相关法律规定：

Relevant legal provisions：

《劳动合同法》第七条规定，用人单位自用工之日起即与劳动者建立劳动关系。

Article 7 of the Labor Contract Law stipulates that an employer establishes an employment relationship with a worker as of the date of employment.

第十条规定，建立劳动关系，应当订立书面劳动合同。已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起一个月内订立书面劳动合同。

Article 10 stipulates that to establish an employment relationship, a written labor contract shall be concluded.If an employment relationship has been established but no written labor contract has been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

《劳动合同法实施条例》第五条规定，自用工之日起一个月内，经用人单位书面通知后，劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，无需向劳动者支付经济补偿，但是应当依法向劳动者支付其实际工作时间的劳动报酬。

Article 5 of the Regulations on the Implementation of the Labor Contract Law stipulates that if, within one month from the date of employment, a worker refuses to conclude a written labor contract with the employer after being notified in writing by the employer, the employer shall terminate the employment relationship with the worker by written notice, no economic compensation shall be paid to the worker, but remuneration for the worker’s actual working period shall be paid in accordance with the law.

第六条规定，用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的，应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并与劳动者补订书面劳动合同；劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，并依照劳动合同法第四十七条的规定支付经济补偿。

Article 6 stipulates that if an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall pay the worker twice the monthly wage in accordance with Article 82 of the Labor Contract Law, and shall conclude a written labor contract with the worker retroactively.If the worker refuses to conclude a written labor contract with the employer, the employer shall terminate the employment relationship with the worker by written notice and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

第七条规定，用人单位自用工之日起满一年未与劳动者订立书面劳动合同的，自用工之日起满一个月的次日至满一年的前一日应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并视为自用工之日起满一年的当日已经与劳动者订立无固定期限劳动合同，应当立即与劳动者补订书面劳动合同。

Article 7 stipulates that if an employer fails to conclude a written labor contract with a worker for one full year from the date of employment, the employer shall pay the worker twice the monthly wage in accordance with Article 82 of the Labor Contract Law for the period from the day after the expiration of one month until the day before the completion of one year.Such employment shall be deemed as having established an open-ended labor contract with the worker on the date of one full year from the date of employment, and the employer shall immediately conclude a written labor contract with the worker retroactively.