Our third episode in this series focuses on when a fixed-term contract becomes a continuous/indefinite-term contract in the UK and China.
This series concentrates on the UK-China business angle. Every week, we will add a new video that answers some of the most frequently asked questions about employment contracts in China and the UK. Each video answers the same issues from both the UK and China perspectives.
Key insights are provided by, Donfil Huang, Legal Advisory Manager at Dezan Shira & Associates, and Nicholas Lakeland, Employment Partner at Laytons.
If after a series of yearly fixed-term contracts, an employee is given a fourth year’s worth of fixed-term contract, then the law will deem it that that contract is a continuous contract of employment and no longer a fixed term.
There are protections against employers continually seeking to have employees on fixed-term contracts so as to encourage employers to give them a permanent contract of employment.
The probationary period is usually spelled out which is often three months or six months. More than six months is not recommended and not approved by the employment tribunal when they look at periods of probation. An employer as a matter of good practice should know by six months whether or not the employee is someone that will fit the job and is suitable.
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