If an employee has already signed two consecutive fixed-term employment contracts, the question is whether the employer is obligated to inform the employee of the eligibility to sign an open-ended employment contract.

If the employer fails to fulfill this obligation and the two parties proceed to sign a third fixed-term contract, is that contract legally valid?

Under Article 14 of China's Labor Contract Law, once two consecutive fixed-term employment contracts have been signed, the employer is prohibited from opting for another fixed-term contract or terminating the employment relationship. If the employee requests or agrees to renew or establish an open-ended employment contract, the employer is obligated to comply.

When an employer has signed two consecutive fixed-term labor contracts with an employee and the employee qualifies for an open-ended contract, the employer is legally required to inform the employee of their right to choose such a contract.

This obligation not only protects the employee's rights, but also ensures that the employer fulfills their legal responsibilities.

If an employee believes that the employer has failed to fulfill this obligation, resulting in the employee missing the opportunity to sign an open-ended labor contract, the employee may seek redress through legal channels such as labor arbitration or litigation.

Source: Official WeChat account of Beijing Municipal Human Resources and Social Security Bureau at "Beijing_12333"