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Under what circumstances can an individual sign a labor contract?

The employer may sign a labor contract by recruiting the following persons: persons who enjoy pension insurance benefits or receive pensions according to law; Enterprise employees who leave their jobs without pay; Retirees who have not reached the statutory retirement age; Laid-off workers waiting for work; Personnel who stop production and take vacations in the production and operation of enterprises; Others. A labor contract refers to a civil service contract provided to the society in the form of labor service, which is an agreement reached by the parties on a certain labor service and the results of the labor service.

legal ground

Article 32 of the Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases (I)

Where an employer brings a lawsuit against an employee who has already enjoyed pension insurance benefits or received a pension according to law, the people's court shall handle it in accordance with labor relations.

Where an enterprise employee who leaves his post without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for a job, or an enterprise employee who has stopped production and vacation brings a lawsuit because of a labor dispute with a new employer, the people's court shall handle it in accordance with labor relations.