Study On The Term Of Labor Contract In China

The term of labor contract is the foremost step of signing up the labor contract and it is the most important part of labor legal system, too. In the past, our country always focuses on fixed term of labor contract. The fixed term of labor contract can speed up the flow of human resource, improve the company economic benefit and contribute a lot to our country's economy. After the Law of Labor Contract was published in 2007, the government implements non—fixed term of labor contract in order to solve the short-term problem of labor contract and protect the labor's benefit This is the great change of labor legislation in our country.The thesis takes a comparative perspective, comprehensive bibliographic data analysis method. By a comprehensive presentation and comparison of developed countries including France, Germany and Japan, the thesis analyze and draw upon the rational and mature concept from the term of labor contract system with relevant countries, point out the shortcomings of the term of labor contract system and formulate the term system with Chinese characteristics.It is a future direction to expand the area of non—fixed term of labor contract application, we can not copy the term system of labor contract from developed countries completely. Also, we can not only focus on the fixed term of labor contract or non—fixed term of labor contract but balance both stability and flexibility of labor relationship, both fairness and efficiency of society according to our actual situation. So we should pay equal attention to fixed term of labor contract and non—fixed term of labor contract.We should treat different type of enterprise and employee with different ways in applicable range of labor contract term. Also we should make differences between fixed term of labor contract and non—fixed term of labor contract in dismissing legal system. On the one hand, we should restrict the dismissing legal system to the fixed term of labor contract; on another hand, we should broaden up the dismissing condition of non—fixed term of labor contract and wipe off the welfare factor of non—fixed term of labor contract. At the same time, we should not adopt an extreme attitude to the term of labor contract nor restrict or intervene it compulsively. We can attach importance to guide and publicity with mild attitude of reformative ism and achieve the purpose that both of the parties choose non—fixed term of labor contract voluntarily in the end.