Study On Flexible-term Labor Contract

With the promulgation and implementation of the "People's Republic of China Labor Contract Law", the Flexible-term Labor Contract, which is a kind of labor contract characterized by having no specific deadline, has been concerning intensively as an important legal concept. The establishment of this labor relation didn't rely on a legal condition or a promissory condition so that it can exist in the legal age of workers and the scope of the enterprises'existence. Considering the employee's disadvantage, this institution is established with great significances in protecting the employee's legal rights indeed by confining the employers'violation, as well as establishing a stable and harmony employment.Throughout the development of the labor contract legislation history in the Western countries, the birth of The Flexible-term Labor Contract System is directly related to the labor movement, reflecting a necessary intervention or limitation that the state use public power for the freedom of the labor contract. In China, labor and employment systems started from a fixed employment to contract employment, and now the employment contract is coming though the process of continuous improvement. Promulgation of the "People's Republic of China Labor Contract Law" has made the Labor Contract Law be confirmed as law the first time, while the Flexible-term Labor Contract, as an absolute labor contract, is becoming more and more mature and perfect.The Labor Contract Law has made detailed provisions for the Flexible-term Labor Contract's conclusion, character, and revocation.On one hand, these provisions has important significance to solving the problems of the existing labor contract system, and on the other, it induce all kinds of misunderstandings in social public, especially the labor contract parties. After the implementing of The Labor Contract Law, the employing unit took more measures' to avoid it. Study on the present legal provisions and the purpose of making the law, we could know that the Flexible-term Labor Contract was not a lifelong contract what the public thought, and in fact, it could be terminated in some conditions. On the basis of the implementation of The labor Contract Law, we should make further improvement and perfection in the definition of the flexible-term contract, the judgment to the existing labor relation, the condition of removing contract, and the time of notice of revocation., in order to ensure the enforcement of the Flexible-term Labor Contract system effectively.