Study On No Fixed-Term Labor Contract

Labor contract is the foundation of labor relations under the market economy;it is also an important mission for the labor legal system.No fixed-term labor contract is an important kind of contract among labor contracts.It is related to the benefits of the labors and employers,and having important impact to the stability and harmony of labor relations.The Article 14 of the "Labor Contract Law" of China causes controversies in the society before and after the announcement and implementation of the law,it regulates no fixed-term labor contract which is a kind of labor contract in our country.The law has important meaning in stabilization of labor relations.Regarding this,the "Labor Contract Law" and related terms have stated many regulations,however,there are still a lot of sections not stated clearly in the no fixed-term labor contracts.Such as the conditions,styles and the definitions of involved parties of making a contract,and there are many loopholes regarding the conditions,procedures and legal liability of dissolution of a contract.In reality and in practice,there are still many understandings and the disputes to no fixed-term labor contract.It causes numerous enterprises have conflicts towards the Law.By improving the no fixed-term labor contract system,enforce protection to labors, realize the legislative aim of "protect the legal right of labors" may cause a lot of controversies in practice,and the problem of contract virtualization and the phenomenon of short-term contract cannot be settled.In order to protect employee's rights and to stabilize the labor relationship,"Labor Contract Law" strengthens the enforcement in retrieving the shortcomings in "Labor Law".In the conditions required for making no fixed-term labor contracts,different requirements are set. However,the requirements to certain extend are not set properly.This article starts from set up,change,dissolution and termination of no fixed-term labor contract, going through these misunderstandings and disputes,with the "Labor law" and other related laws and regulations,with typical cases,using the comparative analysis method,discusses the existence legislation flaws in the no fixed-term labor contracts, and proposed suggestions correspondingly.