Study On Issues Of Open-ended Employment Contracts

The employment contract period is an important system of the law of employment contracts.Fixed-term employment contracts had been recognized as the dominent form of employment contracts for a long time in China.This phenomenon has caused the situation of the "short-term labor contracts and labor relations in a long-term pattern" which is very bad for the protection of the legal rights and interests of employees.So Law of The People's Republic of China on Employment Contracts (hereinafter referred to as the Law of Employment Contracts) which was took effect on January 1^st,2008 tries to reverse this situation.The Law of Employment Contracts makes great adjustment to the employment contract period and extend the application of open-ended employment contracts.The text discusses the rationality of open-ended employment contracts and the necessity of the normalization of them from the angle of interest balance,points out defects of current regulations and puts forward some proposals.The text is divided into three chapters apart from foreword and conclusion.The first chapter elaborates the significance about open-ended employment contracts,and analyses the logos of worth of them.This chapter uses the method of comprehensive analysis to inspect and verify the rationality of open-ended employment contracts from every angle of law,sociology,management,economic theory and so on,and points out the conflicts of legislation worth which is caused by open-ended employment contracts,the conflict of equality and efficiency and the conflict of stability and mobility of labor relation.The two conflicts also cause the issue of the normalization of open-ended employment contracts.But beause of the particularity of the labor relation,the employment law shall reflect the essential fairness.Employees are the weak in labor relations.So it is necessary for law to provide employees special protection.One of the worth of law is social equality or social justice.Law can't use effect as the only one of the criterion and scale to evaluate itself.But it is to be noticed that the equality and the efficiency are unitive, the stability and mobility of labor relationship are also unitive.So it is necessary to pay attention to the balance of both.The second chapter analyzes the employment contract period of several countries and regions.In order to protect the interests of employees,most countries and regions such as the USA,France and Japan consider open-ended employment contracts as the leader of employment contracts,and make a lot of restriction to fixed-term employment contracts.The USA advocates open-ended employment contracts.But they can be dismissed freely.In continental European countries,the dismissal of open-ended employment contracts is given some restriction.In Japen,the dismissal of permanent employment system is given strict restriction.We can learn that most countries and regions adopt the pattern of accomplishing mobility on the basis of stability and promoting efficiency through equality.The third chapter firstly elaborates the background of the amendment of open-ended employment contracts in our country,commentates defects of the traditional form of employment in China,and analyzes different viewpoints about the normalization of open-ended employment contracts.This chapter also points that the issue of the normalization of open-ended employment contracts practically reflects the issue of equality and efficiency,and analyzes the necessity of the normalization of open-ended employment contracts.Then,this chapter elaborates current legislative situation of our country.The Law of Employ contracts takes the compromise manner, which expands the application of open-ended employment contracts,while it dosen't try to put the normalization of open-ended employment contracts into effect.At last, this chapter puts forward some legal proposals.It is considered that the law should respectively provides operating posts which is applied to open-ended employment contracts and fixed-term employment contracts,so it can effectively prevent the circumvention of the employers.The employees' interests can't be the price of employers' interests.We should complete other laws and policies and increase the supportive potency dimension to protect the employers' interests.