Disputes Arising From Renewal Of Labor Contracts

Zhang is a vocational high school graduate who has been assigned to a joint venture hotel and has formally signed a labor contract for two years with the hotel.

One month before the termination of the labor contract, Zhang submitted a request to the hotel after the contract expired, and the hotel personnel department agreed to answer it.

A month later, Zhang held the letter from the receiving unit to find the hotel asking for the pfer procedures. The head of the personnel department suddenly put forward: "to pfer, it can be done, but the training fee of three years must be paid 1200 yuan before the pfer procedures are processed."

Zhang believes that the contract signed with the hotel is a two year labor contract, which has not been trained by the hotel and has not terminated the contract in advance. It is illegal for hotels to collect training fees.

According to the "hotel staff instructions" eighteenth, "hotels should work for at least five years."

According to the regulations, the two year labor contract signed by Zhang and the hotel has expired, but at least it should renew the labor contract with the hotel for three years. If Zhang no longer serves the hotel, he should compensate the hotel training fee by 1200 yuan.

After that, Zhang repeatedly negotiated with the hotel, and the reply was still "to pfer 1200 yuan training fee, otherwise, it can not handle the pfer procedures".

In this case, Zhang asked his parents for help and collected 1200 yuan for check-in procedures.

For a hotel that violates the wishes of employees, employees will no longer renew their labor contracts after the expiry of the contract, and the hotel can not accept the training fees.

Question: can Zhang terminate the labor contract with the hotel?

Comment: the termination of a labor contract is due to legal provisions or

When the agreed circumstances arise, the legal effect of the labor contract shall be terminated.

According to the provisions of the labor law, when the labor contract expires, the labor contract will be terminated. One party shall not force the other party to extend the term of the labor contract and extend the validity of the labor contract.

In the present case, Zhang has the right to terminate the labor contract in accordance with the law at the end of the two year term of labor contract signed by Zhang and a joint venture hotel.

No new obligations can be set for Zhang.

The essence of this case is the internal enterprise itself.

"Hotel staff instructions" violates the stipulations of the labor contract and the laws and regulations of the state. Labor contracts and laws and regulations should be applied to the handling of labor disputes.

The labor contract signed by Zhang and a joint venture hotel for 2 years is the result of the two sides' equality and voluntariness and consensus. They are binding on both parties and terminate when the contract expires.

The requirement for "service for at least five years" stipulated in the hotel staff instructions is invalid.

The seventeenth provision of labor law stipulates that labor contracts should be based on the principle of equality, voluntariness and consensus.

The renewal of a labor contract is no exception.

"Hotel staff instructions" has not been implemented after consultation with employees, stipulating that "at least five years' service is also against"

": the original contract has no objection to the terms of the contract, and acts legally through the equal and voluntary negotiation to extend the term of the contract.