Discuss The System Of Labor Contract's Term In China

System of labor contract's term has very important significance. It determines whether the subsistence right and employment right of a country's employees can be achieved, and the professionalism level of a country's employees. It also has a close relationship with the social value and function of a country's employment system, through this way it exerts far-reaching influence on the prosperity of a nation. System of labor contract's term is the cornerstone and logical starting point of the entire legal system of labor contract, all of the labor relationships are thus carried out.In accordance with the different valid duration of labor contracts, most countries'labor legislations divide the labor contracts into fixed-term labor contracts and open-ended labor contracts. Open-ended labor contract has natural advantages in many aspects, such as protecting the legitimate rights and interests of employees,stabilizing labor relationships and reducing unemployment, so Open-ended labor contract is the dominant form of employment system both in foreign countries and our country's Taiwan region. Fixed-term labor contract is strictly restricted in the premise of application,times of signing and maximum duration,it only can be used when law provides. Although our country's labor contracts are also divided into fixed-term labor contracts and open-ended labor contracts, the specific practice of our country is quite different from most foreign countries and regions. China began to carry out the system of labor contract in 1986, from that time china established the system of fixed-term labor contract as the basic pattern of employment system. At the same time, as our country was lack of a clear understanding on the labor contract system and the relevant legal provisions were unreasonable over a long period of time, the function of open-ended labor contract was deviated from its true function in practice. The open-ended labor contract changed into a kind of contract with some welfare and rewarding factors, rather than a kind of contract which can provide more protection to employees as it should be. With the improving and developing of china's market economy, the shortcomings of our country's employment system which uses fixed-term labor contract system as its basic pattern are gradually exposed. Disordered movement of labor force brought about serious negative effects to society, and the confliction between employees and employers became more and more uncontrollable. It shows that the application of this employment system can coordinate the interests of employers and employees well no longer, and it is not benefit to maintenance the stability and harmony of employment relationships.Labor Contract Law is implemented from January 1, 2008. The legislative intent of this law is"to protect the lawful rights and interests of employees and to build and develop harmonious and stable employment relationships."In order to achieve this objective, Labor Contract Law establishes the system of open-ended labor contract as the basic pattern of our country's employment system. Legislators hoped to solve the problems of labor contract's short-termism and open-ended labor contract's deviation from its real meaning which had been existed in the labor force market of our country for a long time, and realized a rational and orderly flow of labor force eventually. Unfortunately, because of the deficiency of legislative techniques and the influence which produce by all kinds of interest group's contest and compromise, and many other factors, our country's Labor Contract Law doesn't achieve the objective which legislators expect and doesn't solve the serious problems our country have from the past to the prevent.This paper is divided into four parts. The first part analyses the theoretical basis of the system of labor contract's term. Firstly, it introduces the concept and types of labor contract's term. Secondly, in order to explain which legislative pattern of labor contract's term our country should choose, this paper compares two different legislative patterns. One is the pattern which restrict the term of labor contract, its main representative are Germany, France, Japan, and China's Taiwan region, the other is the pattern which adopts laissez-faire style in the labor contract's term, its chief representative is America. In the second part, this paper describes the four stages of labor contract term system's development in our country by the clues of employment system's transition after the founding of new china, and interprets every stage's historic circumstance,the advantages and disadvantages of employment system and the reasons for changes. The third party analyse the progress and deficiency of labor contract term's provisions in the Labor Contract Law of our country detailedly on the basis of labor contract's types which our country adopts. Considering the actual situation of china's labor force market, the forth part puts forward some legislative propositions about how to improve the system of our country's labor contract term. Author hope these propositions can help china's Labor Contract Law to establish the dominant position of open-ended labor contract, and restrict the application of fixed-term labor contract directly and positively. The goals of these propositions are moderating the contradictions between employers and employees, stabilizing employment, promoting sustained and healthy development of economy, and building harmonious and stable employment relationships ultimately.