Research On The Non-Fixed-Term Labor Contract

The labor contract is the outcome of the commodity economy and large-scale socialized producing,as the basis upon which labor relations can be established under the condition of market economy.Non-fixed-term labor contract,as an important type of labor contracts,is related to the practical interests of broad masses of workers and employers,and affects the harmony and stability of labor relations in a great impact. The"Labor Contract Law of People's Republic of China"that was put into effect formally in 2008 has reconstructed the non-fixed-term labor contract system,and given it such value target as protecting the legitimate rights and interests of workers, building harmonious and stable labor relations nevertheless without satisfactory result.Employers kept grumbling and also dismissed many employees;thereby many workers lost their jobs.The present non-fixed-term labor contract system has not played its systematic role efficiently it should have played.Therefore,making comparison between the value target of non-fixed-term labor contract and the law, making systematic review on China's non-fixed-term labor contract system,and finding out the defects that we can then correct and improve,constitute an urgent task, and also the main research content of this paper.I believe that non-fixed-term labor contract is a trigger mechanism under the assumption that both the parties of the labor relations have no information asymmetry and unequal status.In such a trigger mechanism,both the parties of the labor relations need to change and debug it during the process of fulfilling contractual obligations,so that the labor relations can become stable.The systematic value of non-fixed-term labor contract relays on advocating stable labor relations and respecting the actual performance of labor contracts.In order to give full play to the non-fixed term labor contract system and to achieve its legislative goals,we can neither be radical nor be conservative in designing system.Not only should we combine the characteristics of it and emphasize flexibility and stability,but also avail its characteristics.There are four parts of this paper,in addition to the preamble and the conclusion.The first part will analyze the basic theoretical issues of the non-fixed-term labor contract,including the definition of non-fixed-term labor contract and the analysis on value of the contract system.The second part will summarize the foreign models of non-fixed-term labor contracts,and analyze the advantages and disadvantages of such typically representative models as that in America,Japan,and Europe,thereby to draw some useful ideas and rules from them.Then,it will point out the drawbacks of our present non-fixed-term contract system as follows:the conclusion standard of labor contract is too high,the protection of dismissing is strict,and the changing system is not flexible.The fourth part will,through reference to foreign legislation experiences and research results of domestic and foreign experts and scholars,will propose improvement suggestions on non-fixed-term labor contract system from the view of our county's situation against those defects.The suggestions are as follows:First,to restrict the scope on fixed-term labor contract,and expend the coverage of non-fixed-term labor contract,so that make non-fixed-term labor contract will become the norm of employment.Second,to relax the dismissal protection and to build up dismissal protection system suitable for our country's market economy. Third,to stipulate more flexible provisions on the changing of fixed-term labor contracts.