Research On The Non-Termly Labor Contract

Labor contract is the economic and social value of large-scale production of the product, promoting economic development, protect the legitimate rights and interests of laborers to mobilize the enthusiasm and employing units to improve the economic efficiency, will be of great significance. At present, Labor Law of the People's Republic of China which was constituted in 1994 is the main law ruling the labor contract. The system about labor contract has got considerable development since the law was put into effect. This made the worker and the employer had consciousness to the system. The system about labor contract has an important effect in its existence period. But it is a law adjusting labor relation which was constituted during the economic system reform. With the labor contract system implementing, our country has entered into the comprehensive implementation stage from the stage carried out the labor contract. The labor contract system has already become the main system for the labor relation. With our economic system reform going deeply, the environment which the labor law was constituted has had a huge change, which and the insufficiency of the law system caused the labor contract unable to meet the practical need. With the weakness of the labor contract exposing, the system about labor contract can not coordinate the benefit between labor and employer perfectly. Therefore, we must revise the law about labor contract. Especially the question about the time limit of labor contract is urgent.China's Labor Law in accordance with the labor contract period is divided into irregular labor contracts and regular labor contracts. Irregular labor contract workers as our labor contracts signed a special form, because the reasons for reform, been branded with the welfare, in the main, and other special features, plus the legal right to sign the kinds of labor contract restrictions, irregular labor contracts in China and have not been fully used, the system was completely empty, with the majority of countries in the world is incompatible. Overseas, the irregular labor contracts is a widespread labor contracts, it in a stable labor relations, lowering the unemployment rate has played a positive role. Regular labor contracts as a sign of China's laborers working mainly in the form of contracts abroad, have been greatly hampered, China has signed labor contracts as the dominant form of the signing of a large number of fixed-term employment contracts, to the labor market in our country, the emergence of the "short-term labor contracts and labor relations in a long-term pattern of" for the protection of the legitimate rights and interests of laborers very bad.This paper is divided into four major parts. In the first part, it analyses the significance about the term of the labor contract for workers. Our nonsked labor contract is nominal. This nominal system is unable to achieve the goal of legislation.The part II introduces the system about the labor contract term in U.S.A,France, Germany and Japan. They agreed to the main position of the nonsked labor contract. In order to realize this goal, they have designed a series of correlative system. From their systems, we can find out our weakness. In the third part, we can know that there are termly labor contract, nonsked labor contract and the labor contract which is determined by finishing a certain work. But the related provision about the form and relief was not separated, which made the provision unable to play right role. The forth part puts forward the reasonable legislation and foreign system. Part III expounded on China's non-labor contracts Misunderstanding, analysis of the irregular nature of the labor contract. and further analysis of the existing system and the disadvantages of academic perspective; Part IV light of China's actual situation, expounded improve labor contract system of urgency, and right for our nation's legislative proposals. Only the removal indefinite period labor contracts of the "benefits" to ensure that its labor contracts in the entire system of its dominant position while regular labor contracts as irregular labor contracts necessary complement to really build our country's labor market, Scientific labor contract system in order to promote China's labor contract system, and healthy development.