Case Analysis On How The Enterprise Evade The Non-fixed Term Contract

Before the enactment of "Labor Contract Law", the labor market in China there is a phenomenon of short-term labor contracts. Short-term labor contract caused by situation of the labor market supply exceeding demand and working with employers on the "golden age" of the use of values. The phenomenon of short-term labor contracts there are many problems. To the end, in 2007 promulgated the "Labor Contract Law" was introduced without a fixed term labor contract system. Use legal means to encourage and guide employers and workers use without a fixed term labor contract. Public opinion holds that this system is to help maintain the stability of labor relations, help protect the lawful rights and interests of workers.However, in the "Labor Contract Law" went into effect, Shenzhen Huawei Technology Co., Ltd. to terminate the labor contract and then re-sign means a labor contract without a fixed term labor contracts to avoid the incident has happened before, The incident caused a strong vibration. Evade the law has been speculation on whether the conduct of business illegal, why the exclusion of business without a fixed term labor contract, and how the rights of workers can be effectively protected, the legal system and other issues how to improve a lively discussion.This article is divided into three chapters. Chapter Huawei event description: Huawei first introduced after the incident; second, the nature of the incident on the Huawei analysis; At last, what problems exist in the event of Huawei. The second chapter is analysis of the problems in Huawei incident:First, analyze the event of enterprise terminate the labor contract action is consistent with the statutory conditions; Second, analysis of enterprises re-signed labor contracts can achieve the effect of circumventing the law; Third, on the incident terminate the labor contract due to corporate financial compensation arising analyzed; Finally, analysis of trade unions in the role of employee rights protection activities.The third chapter is for the companies to avoid the problem of labor contract without a fixed term solutions, then put forward corresponding countermeasures. The first is from the sound without a fixed term labor contract with the system, a system to prevent similar incidents; Second, from improving their employment mechanism, completely reversing the business without a fixed term labor contract, exclusive attitude; Finally, from start to speed up building of grass-roots trade union organizations, workers realize the growth of its own strength.