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The Juristic Thinking Of Improving The Deadline Of Labor Contract In China

Posted on:2009-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:M WuFull Text:PDF
GTID:2166360245478611Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labor contract is the base of labor relationship in market economy , and it is an important part in the labor legal system too. 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. Mainly has two aspects problems in practice, is the contract short-term phenomenon is extremely serious, another is the non-fixed deadline labor contract empty, Labor Contract Law has intensified the protection of workers by consummating fixed deadline 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 ambiguities, that make it still hard to resolve the phenomenon of short-term labor contract and the weakened non-fixed deadline labor contract.The paper makes out the shortage about the labor contract term by comparison method, and brings forward some legislation suggestion suit to the situation of our country while using the foreign system for reference. The paper trying to resolve following problems. The relevance law problem of the deadline labor contract is how to be stipulate in Chinese legal norm and what is its disadvantages? The same problem is how to be stipulate in foreign and Taiwan legal norm and are there any useful experience can be adopted by us? What is the changes in the Labor Contract Law for these problems and If these problems have been resolved now? What measures can we adopt to the unresolved problems? The author ensure harmonious stable labor relation can be built in future as The deadline labor contract system be improved and perfected further.
Keywords/Search Tags:the deadline of labor contract, the fixed deadline labor contract, the non-fixed deadline labor contract
PDF Full Text Request
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