Improvement Of The Labor Contract Period System

For more than twenty years, labor contract is of great significance in promoting economic development, protecting the legitimate rights and interests of laborers. At present, Labor Law of the People's Republic of China which was constituted in 1994 is the main law ruling the labor contract. The system about labor contract has got big development since the law was put into effect. But it is a law adjusting labor relation which was constituted during the economic system reform. With our economic system reform going deeply, the environment which the labor law was constituted has had a huge change, so, the insufficiency of the law system caused the labor contract unable to meet the practical need.China's Labor Law in accordance with the labor contract period is divided into irregular labor contracts and regular labor contracts, which are called as non-fixed term labor contract and fixed-term labor contract. but in our country, the irregular labor contracts signed a special form with the welfare, so, this special contract have not been used fully, the system about the irregular labor contract was completely empty. It is incompatible with the majority of countries in the world. But Labor Contract Law of the People's Republic of China which was constituted in 2008 have not gone deeply with the problem of the labor contract period.This paper is divided into three major parts. The first part is an overview of the labor contract period system; the second part described the problems which exist in the labor contract period system in details, and analyze and reflect on it seriously; the third part is about the proposal of improvement with the labor contract period system. I believe, in our country we should make sure the irregular labor contracts to be the dominant form in the labor contract period system. To ensure the realization of this goal, I made a number of specific legislative proposals suitable to chinese national conditions. The one hand, we should respect the objective law of the labor contracts of different types, and eliminate the incorrectly identify of the irregular labor contract, acknowledge the meaning and value deeply. So, establish the dominant position of the irregular labor contract, and give reasonable limits to the application of the regular labor contract; the other hand, for the normal operation of the two types of labor contracts, taking both the laborers and the employers into account, the lifting of the labor contract system should be improved accordingly.