On The Regulation Of Open-ended Labor Contract

Open-ended labor contract regulation is of vital importance to both employers and laborers'interests; meanwhile it will bring a great impact on the construction of harmonious and stable labor relationships. So how to pursuit balanced interests in an unfair labor relation in order to develop a harmonious and stable one becomes a thorny problem in regulations of open-ended contracts.The topic of this paper is based on the legal regulation on the open-ended labor contracts in Labor Law and Labor Contract Law. Its basic point of consideration is realistic existence and development of open-ended labor contract.The whole text presents an elaborate analysis on its deficiencies and the improvements at the angles of the protection of labors' interests and the construction of harmonious and stable labor relationships.Proceeding form the general theories of open-ended contract,the paper analyses the values and practical significances of this regulation and makes it clear between characteristics of its definition and traditional permanent workers. Besides,with the aim to improve our national legislation system,it picks up some legislative patterns to explore the extraterritorial legislation of labor contracts.In order to demonstrate whether the open-ended labor contract system should be normalized,the paper analyzes its evolution and backgrounds in entirely different opinions.Then it comes a conclusion that the trend of normalization of open-ended labor contracts is undeniable and inevitable.but the reality in China doesn't allow normalizing overnight,instead,we should proceed in a gradual way.What's more, the paper also comes up with several measures to improve the regulation of open-ended labor contract in China and reconstruct the system in the many aspects such as requirements of application,exit strategy and employers'accountability, with a wish to build a well-equipped open-ended labor contract system in China.