Researches On The Legal Problems In The Open-ended Labor Contract

Harmonious labor relationship is one of the bases for building a harmonious socialist society. After four-time deliberations,"Labor Contract Law of the People's Republic of China"(hereinafter referred to"Labor Contract Law") came into force on January 1st, 2008. It plays an important role in guaranteeing the legitimate rights and interests of workers, realizing the optimal allocation of labor resources and constructing harmonious and stable labor relations. In this law, it has become a major highlight that the legislation of the open-ended labor contract system is further stipulated in contrast with the original one in"Labor Law of the People's Republic of China"(hereinafter referred to as the "Labor Law"). Then, how to understand the open-ended labor contract? What are the shortages in its legislation? What problems will emerge in its implementation and how to solve those problems? Therefore, those questions will be explained in detail in this paper.Based on basic theories of the open-ended labor contract system, this paper will elaborate on its definition, concept selection and value proposition. This paper will also analyze the disputed problems in signing and terminating labor contracts etc. Then legislative proposals suitable for the status quo of labor relations in China will be offered combined with the foreign advanced experience in this field.This paper is composed of four chapters. Chapter one mainly discusses on theories of the open-ended labor contract system including its definition and characteristics. And its institutional design concept, value proposition and history in China and other countries are introduced in this chapter.Chapter two presents the comparative study on the open-ended labor contract. It explores and evaluates the open-ended labor contract in European countries such as France and Germany, the United States and Japan, respectively based on comparative analysis to find the roots of its existence and development as well as the superiority of system design. Analyse of the suitability of its application to China's social environment.Chapter three focuses on theoperation and problems of the open-ended labor contract. The conditions of signing can be classified to two aspects: three statutory conditions of the signing and conditions regarded as making an open-ended labor contract and it's problems. Meanwhile, the termination can be analyzed from two aspects: the employers'and the workers'exertion of their unilateral right to terminate the labor contract and the problems.Chapter four is the focus of this paper with new viewpoints. It focuses on the legislative improvements of open-ended labor contract system in China. This paper, through analyzing those deficiencies, puts forwards countermeasures on consummating the system.