英语翻译

题目

英语翻译
对于在同一单位连续工作满10年的一般劳动者（不含原来转制过渡时期和特殊人员）来说,可以要求订立无固定期限劳动合同.劳动者工作时间不足10年的,其提出要求订立无固定期限劳动合同,用人单位可以不接受.但签订无固定期限劳动合同必须是按照平等自愿、协商一致的原则,用人单位和劳动者双方都达成一致,这也是法定条件之一.仅仅是用人单位或者劳动者一方存在续签劳动合同的意愿,不能签订无固定期限劳动合同.那些认为只要劳动者一方意愿就可以签订无固定期限劳动合同,或者用人单位不同意就可以拒签无固定期限劳动合同的两种观点都是错误的.
实践中在同一单位连续工作10年以上的劳动者与用人单位签定了固定期限的劳动合同后,往往又要求用人单位改变为无固定期限的合同.如何处理这种情况,存在很大争议.有人认为在该种情况下,若用人单位与劳动者签定了固定期限的劳动合同,就可以推定劳动者与用人单位都同意延续劳动合同,此时劳动者提出与用人单位订立无固定期限劳动合同,用人单位就应该与劳动者签定无固定期限的劳动合同.也有人认为劳动者要想与用人单位签定无固定期限的劳动合同必须征得用人单位的同意,而不问劳动者是否已经与用人单位签定了固定期限的劳动合同.有人认为,若用人单位与劳动者签定了固定期限的劳动合同,就可以推定劳动者没有提出订立无固定期限的劳动合同.
实践中也有不少用人单位和劳动者个人认为无固定期限劳动合同是“铁饭碗”、“终身制”,不能变更的.其实这种观点是不正确的.无固定期限劳动合同跟其它劳动合同类型一样,也适用《劳动法》的协商变更原则.只要双方当事人平等自愿协商,是可以协商变更合同期限的,即有固定期限劳动合同可以变更为无固定期限劳动合同,反之,无固定期限劳动合同也可以变更为有固定期限劳动合同.除了合同期限以外,无固定期限劳动合同的当事人还可以就工作内容、劳动报酬、劳动条件和违反劳动合同的赔偿责任等方面协商,进行变更.在变更合同条款时,应当按照自愿、平等原则进行协商,不能采取胁迫、欺诈、隐瞒事实等非法手段.

答案

For the same unit have worked continuously for 10 years,ordinary workers (not including the original restructuring of the transitional period,and special personnel) who may be required to enter into non-fixed term labor contracts.Working hours of workers less than 10 years,and his proposed request for a non-fixed term labor contract,the employing unit may not accept.But the signing of non-fixed term labor contract must be in accordance with equality,voluntariness,the principle of consensus,both employers and workers to reach agreement,which is a statutory requirement.Only the existence of the employing unit or a party to renew the labor contract workers will not be signed without a fixed term labor contracts.
Those who think that as long as the working party will be able to sign without a fixed term labor contract,or the employer does not agree can be refused without a fixed term labor contract,both views are wrong.
Practice in the same unit of work for 10 consecutive years or more workers and employers have signed a fixed-term labor contract,they often require the employer to change the non-fixed term contracts.How to deal with this situation,there is much controversy.Some people think that the kinds of circumstances,if the employing unit and laborers have signed a fixed-term labor contract,it can be assumed that workers and employers have agreed to extend the labor contract,this time made with the employers to make workers without a fixed-term labor the contract,the employer and the worker should be signed without a fixed term labor contract.
Was also suggested that workers and employers want to sign non-fixed term labor contract must obtain the consent of the employer,irrespective of whether workers and employers have signed a fixed-term labor contracts.Some people think that,if the employing unit and laborers have signed a fixed-term labor contracts,they can not put forward to make a presumption of workers without a fixed term labor contract.
In practice there are many employers and workers personally believe that without a fixed term labor contract is "iron rice bowl","life tenure" and can not change.In fact,this view is not correct.Without a fixed term labor contract with the other types of labor contracts,as also applies to the "Labor Law" to change the principle of consultation.As long as the parties an equal voluntary negotiation,it can change the duration of contract negotiations,that is a fixed term labor contract can be changed to non-fixed term labor contract,conversely,non-fixed term labor contract can be changed to a fixed term labor contract.In addition to duration of contract beyond
Non-fixed term labor contract,the parties could also work content,labor remuneration,working conditions and violations of the labor contract such as liability for negotiation,to make changes.In the changed terms of the contract,it should be in accordance with the voluntary,equality and the principle of consultation can not take coercion,fraud,concealing the fact that such unlawful means.