Review On Unfixed-term Labor Contract

Without a fixed term labor contracts in China can be said that very important feature of the contract system since the "Labor Law" has been the academic and practical world to discuss a hot topic, whether the labor arbitration institution or people's courts, for no fixed-term contracts are given the appropriate attention. So far, it is a fixed term labor contract with the relationship between itself and its many controversies exist, in other words, no fixed term labor contract as a class debate in the legal system. "Labor Contract Law" was January 1, 2008 come into force, this law will certainly have no fixed term labor contracts in China have a profound impact theory, in the absence of a fixed term labor contract system set up, the "Labor Contract Law" break through the "Labor Law," so that no fixed term labor contract for workers rights to choose the employer's legal obligations; Overall, the national legislation to encourage and to guide enterprises to sign labor contracts without a fixed term, the aim of strengthening labor protection, improve the quality of workers, but also the right to protect job security.In this paper, "Labor Contract Law" as the main basis for comprehensive use of the labor law the basic principles and logic analysis, historical analysis and comparison analysis, legal research general approach to the non-fixed term labor contract system were comprehensively Shuping, analysis explained without a fixed term labor contract concept, the system value, the basic system and the specific system, a Comparative Study of non-fixed term labor contract system, for its system itself gaps in the analysis, put forward correct and complete proposals to the Labour implementation of contract law has played a positive role.The main part of this article consists of five parts.The first chapter of the non-fixed term labor contract with the meaning of the concept. Include non-fixed term labor contracts of the meaning of term labor contract two different theories to explain the differences and the differences. First described a labor contract without a fixed term meaning without a fixed term labor contract on the misunderstanding of clarification, and no difference between the two types of fixed term and fixed term labor contract, in order to define non-fixed term labor contract. Without a fixed term labor contract is the employer and the employee agreed not determine the time of termination of contract. It is not clear that validity of the contract, labor relations in the legal age range of workers within and enterprise still exists within the continued, only can meet the statutory requirements or where the agreed conditions, labor relations Caike termination, Buying the Wu fixed term labor contract as "iron rice bowl" and "life tenure." Second, to the non-fixed term labor contract theory to explain the differences, what kind of labor contract without a fixed term labor contract, so far, no consensus.Chapter II of the non-fixed term labor contract system value. This section first, "Labor Law" with the "Labor Contract Law" under the labor contract without a fixed term of legislation compared to the non-fixed term labor contract system set up, the "Labor Contract Law" break through the "Labor Law" stipulates that relaxation of the non-fixed term labor contract formation conditions, and so became a labor contract without a fixed term workers the right to choose, the employer's legal obligations, embody the protection of the right of the legislative purpose of job stability. Second, that its value is mainly reflected in the legislation to avoid dismissal protection system exists in name only, to maintain long-term stability of labor relations aspects. Finally, without a fixed term labor contract system, the value of the reflection, without a fixed term labor contract for a fixed term labor contract normalized gradually marginalized, without a fixed term labor contract system, the formation is the result of ideal legislators, our non- Design of fixed-term labor contract system ultimately the opposite course.Chapter III of the foreign non-fixed term labor contract system were compared. Analysis of the non-fixed term labor contract similarities and differences between Chinese and foreign legal regulation. Conclusions can be drawn, the Labor Contract Law of the non-fixed term labor contract system in the function of dismissal protection on and on and Guowai basically the same; abroad will have no fixed term labor contract Shiwei normal, yes an essential form of labor, China signed to encourage and guide non-fixed term labor contract; foreign legislation does not limit the non-fixed term labor contract entered into conditions, China's "Labor Contract Law" limited non-fixed term labor contract signed conditions; foreign labor contract dismissal protection is stronger than China, China on non-fixed term labor contract less dismissal protection.Chapter IV of the non-fixed term labor contract entered into the system. First of all, without a fixed term labor explains the basic rules of contract formation, including the two parties through consultation, the statutory presumption to enforce and make (as made) three cases. Which is divided into three kinds of legal to enforce the specific situation: workers in the employer continuously for decades; employer first labor contract system or the state-owned enterprise re-entered the labor contract, workers worked continuously for the employer for ten years and from the statutory retirement age of less than ten years; made two consecutive fixed-term labor contracts, and workers do not, "Labor Contract Law" Article 39 and Article 40 first, second employer provided may terminate the labor contract situation, to renew the labor contract. Second, analysis of the non-fixed term labor contract rules, dispute, which focused mainly on non-fixed term labor contract renewal issue compulsory. In essence, mainly in, without a fixed term labor contract is a violation of the provisions of mandatory renewal of the principle of freedom of contract, and whether operational problems.Chapter V on the non-fixed term labor contract lifting studied. First of all proposed and analyzed to lift without a fixed term labor contract system problems are: whether the worker notice of the resignation of the existence of norms protecting the interests of both parties over uneven; workers did not notice the light of the resignation of specification of different types of workers; employment units of a lack of immediate dismissal standard elements to safeguard the workers the right to work; no fixed term labor contract with a fixed term labor contract system should be set to a different lift. Next is the explanation of the non-fixed term labor contract is terminated the application of law, including notice of the resignation of the law applicable to workers and employers for immediate dismissal of the law.