Research On Open-ended Labor Contract System Of "Labor Contract Law"

On theoretical issues of the labor contract has always been a core role in thelabor law field, theoretical research has become the focus of the labor law research onthe labor contract. Since the introduction of the "Labor Contract Law", the theoristswithout a fixed term contract theory set off a new upsurge. Parties and scholars fromdifferent angles, mixed labor contract without a fixed term, praised by the evil of thereviewer, in which there is a compromise commentators.The paper combed the different stages of academic research on non-fixed termlabor contract, the preliminary view that the labor contract without a fixed term is aterm of the contract system, a world of national labor law system is generallyrecognized and established China’s Labor Contract Law " the system on the basis ofthe "Labor Law" reconfirmed and improvement of standards, it should be said tofollow the international trend of the labor contract legislation; However, without afixed term labor contract system, the "Labor Contract Law" from legal level is proper,whether on the effect of the actual operation of the system to achieve the desiredtarget, also requires a combination of law, economics and other related theories tospecific analysis of the status quo of China’s economic development and labor market,at the same time, the need to combine our non-fixed term labor the future direction ofthe contract system, in-depth thinking.This study around the following proposition to start that should affirm the value of the fixed term labor contract system, and non-fixed term labor contract as the normalform of the labor contract. Follow in the course of the study questions-analysis of theproblem-the basic idea to solve the problem, the current institutional arrangementsand academia congregation carefully the basis of summarizing, questioning, is notabsolutely perfect, and ought to be demanding of existing legislation to be blamedmore questions, trying smallest improvement costs to improve the existing legislation.Integrated use of literature, logical analysis and historical analysis method, empiricalanalysis and normative analysis method, comparative analysis of methods to conductresearch.Our non-fixed term labor contract legislation explained blank and non-fixed termlabor contract is a definite ending date, high stability; reflects the intervention of thenational public authority on the term of the employment contract; without a fixed termlabor contract in law the performance feature compulsory employer, academic laborcontract without a fixed term should be normalized to produce a clear-cut opposingtwo views. Non-fixed term labor contract system, positioning historic visits to China,we found that the purpose and meaning of our non-fixed term labor contract andsystem design different from other countries in the design and implementation of thesystem in conjunction with China’s actual to consider the issue. Our non-fixed termlabor contract the Legislative value, the emphasis on the protection of workers, andimprove the overall economic benefits of the employer, and the establishment of abenign economic order.A Comparative Study of the author of the non-fixed term labor contract system,loose employment system of the United States, continental Europe’s strict system ofdismissal, Japan’s lifetime employment system in the non-fixed term labor contractsystem and occupational flexibility compared extraterritorial labor the revelation ofthe contract system of China’s legislative, labor contract without a fixed term andfixed-term labor contract division are based on occupational characteristics determineits scope, and there should not be any social welfare factors; system established withsocial and cultural background combined, can not fail to consider the social andcultural background forcibly transplanted foreign system; reform in Europe can not beignored in most countries as a normal state of labor relations, labor contract without afixed term.No fixed term labor contract entered into."Labor Contract Law" Article XIVwithout a fixed term labor contract conditions "should be entered into the" presumption made the Department of Public Law involved in labor contractadjustment results. Entering into working life, the right to unilaterally Contracting stillhas the characteristics of a strong "welfare", the essential difference between this andthe other countries of the labor contract without a fixed term meaning, essentiallyexpand the interpretation of the "Regulations for the Implementation of the LaborContract Law" the scope of application of the continuous work of decades. Thismakes a bit up and down the law of contradiction, such expansion of the interpretationthe reasonableness of legitimacy is clearly to be questioned by the Legislative Act.Entered into contract Views units you have to refuse to renew the rights provisions arenot clear, due to the fact that labor relations entered into, there is a great problem inthe logic.The Public Law intervene without a fixed term labor contract law evaluation.Public law involved in the impact of the labor contract without a fixed term, ournon-fixed term labor contract with a strong "welfare", limiting the employer’s right tochoose, will be entered into a non-fixed term labor contract as the legal obligationssocial security responsibility fully passed on the responsibility of enterprises.Non-fixed term labor contract connotation there is a huge gap between the legislatorslook forward to working with the social reality; social security responsibility simplybe borne by the enterprises, which would inevitably lead to a conflict between theinterests of the community and business interests, which is also contrary to the laws ofthe pursuit fair. Without a fixed term labor contract of Economic Analysis. The laborcontract system should take a comprehensive, flexible protection means inclined totake care of the interests of workers at all levels to implement legislation to protect.Tilt the protection of workers with no fixed term labor contract, resulting in excessivecontracting costs that canceled many may Contracting, and may lead to the effect ofmarginal workers unemployed, and the multiple effects of the quality of employment,the number of substitution effect.China’s lifting of conditions does not distinguish between types of labor contracts,the general right of cancellation applies only to workers the right to rescind theconditions of the employer requirements than other national standards. Insufficientwithout a fixed term labor contract conditions produce many adverse effects, laborersrarely do notice serious impact on the employer’s human resources management,non-fixed term labor contract unilaterally forced contracting rights of the employerthe right to rescind high standards limit lead to non-fixed term labor contract thoroughly corporate welfare greatly affect enterprise efficiency. I try toreconstruction of our country without a fixed term labor contract system in the valueof the concept of non-fixed term labor contract with a fixed term labor contractreflects the difference between the value of pursuit, also taking into account theprinciples of autonomy and protection of workers; system distinguish betweenfixed-term labor contract without a fixed term labor contract two situations requiredifferent conditions of release, according to the nature of the work of laborersdistinction applicable labor period, when conditions permit, the employer can begiven to the exercise of the general right to rescind the adoption of compensationnotice dismissals system.Non-fixed term labor contract as a special form of the labor contract, in ourcountry is not a mainstream form of this common practice is inconsistent with theworld. This is inextricably linked with our non-fixed term labor contract has morestringent applicable conditions. It is foreseeable that in the near future, will continueto deepen the study of the fixed term labor contract, especially on fixed-term laborcontract release will exceed existing shackles become the core issue of theconstruction of China’s Labor Law and theoretical research. Confined to the author’sexperience is limited to the lack of empirical research on research without a fixedterm contract, coupled with China is not the case law, it is difficult to select arepresentative case to be corroborated. This makes the point of this article describesinevitably too theoretical, of in ongoing research in the future will this topic continuesto improve and supplement.