Study On Some Problems Of Flexible-term Labor Contract

A labor contract is the base of labor relationship in the market economy. It is an important part in the labor legal system too. The flexible-term labor contract is an important kind of labor contract type. It related to the practical interests of the broad masses of workers and employers greatly affects the stability and harmony of labor relations. To counter the unhealthy tendency in the current labor-choosing field, Labor Contract Law (draft) has intensified the protection of workers by consummating flexible-term labor contract system and fully embodied"the protection of the lawful rights of workers"is at the core of the legislative purpose. But there are still many problems about the conclusion , modification termination and revocation of flexible-term labor contract system, it results in nominal of flexible-term labor contract system and short-term of labor contract, so the paper mainly study on flexible-term labor contract system.The paper investigates and discusses some typical problems at present in theory and practice about flexible-term labor contract .It firstly analyses the legal orientation and legal nature of the flexible-term labor contract system and introduces the concept,the character and value of the flexible-term labor contract .Secondly the paper makes an investigation into conclusion,modification,termination and revocation of flexible-term labor contract system. In discussing process, The author adopted comparatively analytical method and combines Labor Contract Law(draft) trying to resolve following problems:1.the relevance law problem of flexible-term labor contract is how to be stipulate in Chinese legal norm and what is its disadvantages? 2. the same problem is how to be stipulate in foreign legal norm and are there any useful experience can be adopted by us? 3. what is the changes in the Labor Contract Law(draft) for these problems and If these problems have been resolved now? 4. What measures can we adopt to the unresolved problems? The author ensure harmonious stable labor relation can be built in future as flexible-term labor contract system be improved and perfected further.