Research On The Deadline Of The Labor Contract Of Our Country

Labor contract is a basic system of the legal relationship of labor, although the deadline is the most important part of the labor contract,< Labor Law>as well as the correlation rules and regulations in our country is not complete. The deadline of labor contract is still an item wait for studying, and this theory contains much realistic value. This dissertation discusses the theory conflict and practice difficult problem in the labor contract deadline system which is now existing in our country, and rebuild it innovatorily. This dissertation can be divided into three chapters.First chapter is the general legal principle of law of the labor contract deadline. The author starts with the analysis of the labor contract deadline's legal connotation, and take the characteristic which compared with common contract the labor contract deadline has as the most important part. Then futher introduced the basic type of our country labor contract, and discussed the system function of the fixed deadline labor contract and not fixed deadline labor contract. It promulgates the superiority and the flaw which two kind of different deadlines types each has. We can see this part as the preparing for the rebuilding of our country's labor contract deadline system rationally.Second chapter carries on reconsidering to our country present labor contract deadline system. First, analyse the theory conflict of the labor contract deadline system which exists in our country's<>. This part mainly 20th and the 31st two provision standard was not clear about the theory conflict based on which inappropriate caused with the localization to carry on two stratification planes elaboration. The first stratification plane is the explanation of the labor law 20th.It promulgates the question which its standard the cavity and may operationally miss. Because this provision indicates has many problems, adds the consummation legal explanation with it necessary, has caused in the real life, the very multipurpose person unit used this provision to work for ten years after the worker still to sign the fixed deadline labor contract with the worker, caused the worker the rights and interests to drift away beside the legal protection, this essentially was violates with the legislation original intention. Moreover this stipulation welfare color itself also is unworthy to advocate. The second stratification plane, through to labor law 31st with the labor law other law articles conflict analyses, promulgates the worker folk remedy to give advance notice relieves the power only to be supposed to be suitable for the not fixed deadline labor contract but should not be suitable for the fixed deadline labor contract. But our country labor law is precisely because did not have to perform to distinguish the treatment regarding this to cause the various legal conflict, while served with to the worker inclines type protection actually to harm employer's legitimate benefit. The labor relations are one kind both unify the social relations which and opposes, the labor law to the worker serve with incline the protection basic goal also are for counterbalance the worker the weak one, the pursue labor benefit essence is fair, but is not must sacrifice the employer the benefit to come one-sidedly to protect worker's benefit, creates newly is not balanced, causes the labor law to lose the equality, the fair just foundation. Worker's benefit and employer's benefit is complements one another, harms the employer benefit, finally can in disguised form harm worker's benefit. Therefore in new labor contract law, it is necessary to carry on there vision to this provision, is clear about its suitable contract deadline type, avoids around the law the contradiction, better protection labor both sides legitimate benefit.Next, has carried on the introduction elaboration to our country present labor contract deadline system existence theory practice difficult problem. Mainly has two aspects problems, is the contract short-term phenomenon is extremely serious, another is the not fixed deadline labor contract empty, but to the not fixed deadline labor contract understanding existence erroneous zone also is one of this question existence reasons.Finally, the author in view of the above analysis, labor the contract deadline system to our country to give an overall appraisal.Third chapter, also is the full text center of gravity is at. The author has carried on the innovation heavy construction through the comparison model method from three aspects to our country labor contract deadline system.First, must establish and labor contract deadline system suitable labor contract form. Our country the 19th stipulation "the labor contract should work out by the written form", namely every labor contract all must use the written form. However does the reality massive facts labor relations existence, how cause occurs when the dispute regarding this to process lacks the legal basis, worker's legitimate benefit cannot obtain the very good maintenance. This is wants the type labor contract with the labor legislation stipulation the goal, namely the more effective protection worker's legitimate rights and interests, violate. From the labor law value goal and the essence, worker's weak one status and the social reality, as well as the various countries labor legislation comparison looked that, will work the contract written form only to think will be works the relational existence proof, but will not be works the contract tenable important document or becomes effective the important document, and will match by the good contract deadline hypothesis and the transformed system, as well as the contract explained the system and will present evidence there sponsibility system in the lawsuit process, will be able the better protection worker's legitimate rights and interests. Was worth rejoicing is the new revision regarding this the question has already given the enough value. Next, must expand the not fixed deadline labor contract being suitable.First, must terminate an agreement the matter limit to the not fixed deadline labor contract. This part carries on the comparative analysis to the overseas advanced legislation experience and our country present legal system, promulgates our country legal rule the insufficiency. And the suggestion introduction except reprimands the deadline, relieves the power to employer's advance notification to perform in the time the limit, by better protection worker. Second, must terminate an agreement the procedure limit to the not fixed deadline labor contract. The our country present labor law terminates an agreement in the procedure nearly no procedure stipulation to the not fixed deadline labor contract, in the procedure flaw inevitably can cause the entity right protection the disadvantage. Therefore we should change the model overseas correlation legislation experience, on the one hand consummates the dismissal safeguard the procedural legislation, establishes the face-to-face talk, sends procedure and so on pink slip. On the other hand wants the science the division dismissal advance notification time length. Mainly may depend on worker's age and the working life two standards divides. Third, must consummate the not fixed deadline labor contract to terminate an agreement makes up the monetary award. In this suggestion, besides present legal rule compensating, for a better realization to the worker the protection, our country also should profit from French the procedure, after fixed deadline labor contract has not worked out the not fixed deadline labor contract the worker gives compensates, this kind compensates mainly is for to it non-steady state one kind of subsidy.Finally,we must strengthen the fixed deadline of labor contract. First, must strictly limit the signing of deadline labor contract.It may realize from the following two aspects:First must sign an upper limit of the deadline, unifies our country's special details to consider, we thought three years is appropriate. Next, should according to worker's exceptional cases mainly be considered worker's age factor, as well as the worker is engaged in the special occupation, makes the exception stipulation.Second,must strictly limit the repetition continues the bamboo slip. First, must consummate renews a subscription for the non-periodical labor contract condition. The suggestion renews a subscription the question stipulation in the labor contract law on the regular contractis: The worker works the full ten years in the identical employer accumulation, the litigant mutual consent renews a subscription to work the contract, must work out the not fixed deadline labor contract,also the regular labor contract continues the bamboo slip not to have to surpass a time, continues once more signs namely when works out for the non-periodical labor contract. Next, the surface must establish the contract silently to show the renewal principle. Finally, must establish the labor contract termination system, certain peculiar circumstances appear time provides for the worker and the employer except to terminate or outside the termination labor contract, more scientific also just solves the question way. Third, must establish the work severability of contract to make up the monetary award system. The establishment work severability of contract makes up the monetary award system powerfully to the reduced labor contract short-term phenomenon, better protection worker's legitimate rights and interests. Encouraging is this system already becomes one of big luminescent spots.