Concerning Non-fixed Term Labor Contract System

On purose of solving the problem of short-termism in our country's labor employment field corrently and realizing the stable and harmonious relations between labor and captial, the labor contract law which was newly enforced in Jan.1,2008 reconstituted the non-fixed labor contract system. The new labor contract law increased the potency dimension of potection of laborer and reflected the core purpose of legislation of protectiong the laborer's lawful rights and interests. But the law still has some defects to be modified such as the condition of the conclusion of contract, the form and body of contract and the condition, procedure and legal consequence of rescission of contract. So for the above reasons there are many misunderstanding and controversy in practice. The interests of labor and employer could not keep a well balance. Therefore it is necessary to have a thorough research on the period of labor contract. The thesis has four parts except foreword and epilogue.Chapterâ… The basic theory of non-fixed term labor contractIn this chapter, fristly introdued the concept and characteristic of non-fixed term labor contract. Then the evolution of legislation on our country's non-fixed term labor contract system. At last, analysed the value of non-fixed term labor contractChapterâ…¡The commentary review of our country's non-fixed term labor contract systemThis chapter discussed our country's non-fixed term labor contract system from three aspects:the conclusion, ammendment and rescission of our country's non-fixed term labor contract.Chapterâ…¢The comparison of overseas modes of non-fixed term labor contractIn this part, mainly in view of the non-fixed term labor contract system in France, Japan, Taiwan and other countrise. Then came to the inspiration of the overseas modes of non-fixed term labor contract.Chapterâ…£The suggestion on perfection of our country's non-fixed term labor contract system In this chapter came to some perfection proposals as a final conclusion:â… . Make the non-fixed term labor contract as a general principle of labor contract.â…¡. Impose restrictions on the scope of application and period of non-fixed term labor contract directly.â…¢. Perfection on the rescission system of non-fixed term labor contract.â…£. Perfection on the system of other contract period assorted to the non-fixed term labor contract to form an integrated system.â…¤. Strength the government's potency dimension of inforcement of labor law on purpose of enhancing the executive force of the law.