Research Of Non-Fixed-Term Labor Contract

A labor contract is the key to labor relations in the market economy. Non-fixed-term labor contract is an important labor contract and related to the practical interests between employees and employers. It also has a great impact on the harmony and stability of labor relations . The Labor Contract Law of People's Republic of China has been taken into effect formally since January 1,2008. It has reconstructed the non-fixed-term labor contract system, and given the goal to protect the legitimate rights and interest of employees so as to build harmonious and stable labors relations. Since the result is not satisfied, it is an urgent task to review china's non-fixed-term labor contract system thoroughly and find out the defects such that we can correct and improve it. To achieve its legislative goals, neither can we be aggressive nor be conservational in designing system. Not only should we emphasize flexibility and stability but also avail its characteristics.There are three parts of this paper:The first part summarizes the foreign models of non-fixed-term labor contracts and analyzes the advantages and disadvantages of such typically representative of the civil law countries of France, Germany, Japan, Taiwan and the common law countries of America and the United Kingdom , at last draws some useful ideas and rules from them.The second part systematically analyzes China's non-fixed-term labor contract and figures out the drawbacks.The third part proposes suggestions on how to improve non-fixed-term labor contract system in China based on the foreign legislation experiences and research results of domestic and foreign experts and scholars.