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A Legal Research On The Term Of Labor Contract

Posted on:2008-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhangFull Text:PDF
GTID:2166360245963825Subject:Law
Abstract/Summary:PDF Full Text Request
Labor contract term system is connected with labor relationship and situation of labor market in one country. The labor contracts can be divided into fixed-term labor contract and non-fixed-term labor contract. The transition of the term of labor contract from fixed-term to non-fixed-term, in which the society law has played a decisive role, reflects the deepening of human being's cognition to the nature of labor relationship, and is an inevitable result of public law-rization of labor contract private law.The labor contract theory and practice of mostly market economy countries and regions indicate that the non-fixed-term labor contract have an advantage over fixed-term labor contract in the respect of maintaining the stabilization of labor relationship, improving the enterprise economic effect and protecting laborer rights and interests. Non-fixed-term labor contract is the leading form in these areas' legislation mode and fixed-term labor contract is applicable only under the situation that law has regulation. It embodies the protection of laborer by deducing the exceeded fixed-term labor contract as non-fixed-term one and safeguarding the fire of non-fixed-term labor contract.Since being carried out from beginning in 1986, our country's labor contract system has become the main form of establishing labor relationship. At present, China's rules on labor contract term lack regulation, feasibility, basic concepts and principles, and basic provisions of the specific systems. In practice, the maintenance of labor relations and the term of labor contracts are controlled by the working units, workers' labor rights and interests have not been effectively protected. Through discussion on the existing problem and cause in labor contract period system and using the legislation experience of mostly market economy country and region for reference, this thesis submits the suggestion perfecting our country labor contract term system and expects improving and perfecting of the legislation.
Keywords/Search Tags:Term of Labor Contract, Fixed-term Labor Contract, Non-fixed-term Labor Contract
PDF Full Text Request
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