Research On Some Problems Of Non-fixed Term Labor Contract

Non-fixed term labor contract, one important labor contract in Labor contract system, fully reflects the concept of protecting the interests of workers. It is also an important method to reverse the current pattern of labor imbalances and stable the labor relations. The rule of non-fixed term labor contract in Labor Contract Law expands the law's application space. It also tries to correct the irrational phenomenon of short-term labor contracts and long-term labor relations. In this way, it gradually leads the non-fixed term labor contract to be the normal state of the labor contract to promote harmonious and stable labor relations. However, the introduction of this contract has caused strong resentment and resistance from the business community, and a series of layoffs are set off around the country in order to avoid implementation of non-fixed term labor contract system. The cause of their opposition is that this system emphasis on the protection of workers'right to life and reduced the original interests of the business community, which brings conflict to its goal of profit maximization. Of cause, the goal of law is to achieve an equitable interest. To solve the current problems, the author believe that on the one hand, we should further improve and refine the "Labor Contract Law," to make the non-fixed term labor contract more reasonable and more feasible to effectively fill the gap that enterprises avoid legal obligations. On the other hand, we should improve the supporting measures and introduce effective economic policy to create a relaxed business environment for enterprises development and ease their living burden to establish a truly harmonious and stable labor relationsThere are four parts in this essay.Firstly, the author explains the basic theoretical issues of non-fixed term labor contract. She introduces the definition, characteristics, legal basis, and the value of real and practical basis of non-fixed term labor contract and emphasizes its implementation which is the inevitable choice to overcome the drawbacks of short-term contract.Secondly, the author points out the difficulties that they meet with in the process of the application of non-fixed term labor contract. She mainly introduces several ways in which enterprises avoid the non-fixed term labor contracts. With the help of view of the legal doctrine of interest, the author deeply analyzes the reason why enterprises avoid the non-fixed term labor contracts. This is an innovative point of this essay.Thirdly, the author explains the establishment, change, dissolution and termination of non-fixed term labor contract. For its weakness, the author puts forward a sound proposal based on the comparison and relevant rules of foreign laws, which will effectively fill the gap that enterprise avoid legal obligations.Fourthly, the author introduces the supporting measures to protect the smooth implementation of non-fixed term labor contract. She also proposes strategies from three aspects, including enterprises, trade unions and government. She hopes these three agencies can help to effectively promote the implementation of non-fixed term labor contract go smoothly and ease its burden. This is another innovation point of this essay.