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我国《劳动合同法》允许劳动者或用人单位续订无固定期限劳动合同,但并未限定续订的通知义务由劳动者或用人单位提出。当劳动者符合签订无固定期限劳动合同条件时,用人单位往往以劳动合同期满为由,单方终止劳动合同,不予再续签。用人单位是否有通知订立无固定期限劳动合同的义务,其单方终止算不算违法解除劳动合同。
China’s “Labor Contract Law” allows workers or employers to renew non-fixed-term labor contracts, but does not limit the renewal of the notification obligations proposed by the workers or employers. When workers meet the conditions for signing a non-fixed term labor contract, the employer often terminates the labor contract on the ground that the labor contract expires, and does not renew the labor contract. Whether the employer has the obligation to sign a labor contract without a fixed term shall be terminated illegally if the employer has not terminated the labor contract illegally.