| Promulgation and implementation of non-fixed term labor contract has the vitalsignificance to our country. Implementation of the labor contract can improveworkers’ job security, makes the workers work enthusiasm and work efficiency areimproved significantly. Endless labor contracts can also provide stable supply for unitof choose and employ persons, ensure enterprise pop-culture perpetuation of chooseand employ persons. In addition, the implementation of non-fixed term labor contractalso can produce important influence on the society as a whole, to ensure socialstability is of great importance to realize harmonious society. According to therequirements of the construction of a harmonious society to guide, to includenon-fixed term labor contract in labor contract law, not only can promote therealization of building a harmonious society, but also reflects the country of the stateof the social public concern and management, thus the implementation of non-fixedterm labor contract process by the attention of the society as a whole, and theexistence question has carried on the deep discussion.On January1,2008promulgated the "labor contract law" is to supplement andexpand the original "labor law", including the non-fixed term labor contract are morespecific and detailed described, and the non-fixed term labor contract in theimplementation process can shed light on the legal problems encountered, so as torealize to promote the pace of the non-fixed term labor contract implementation andapplication. Despite the current indefinitely about labor contract has been perfect, butthere are still a lot of legal issues, some of these issues for the implementation ofnon-fixed term labor contract caused great obstacles. In the implementation ofnon-fixed term labor contract also encountered many problems, such as the unit ofchoose and employ persons use a variety of means to avoid signing labor contractwith laborer, due to the lack of legal aspects also non-fixed term labor contractsigning rate is low. Under these conditions, therefore, how to realize the non-fixedterm labor contract to reach a common consensus and improve the quantity of the non-fixed term labor contract signed, and achieve the main purpose of the non-fixedterm labor contract, issued by this to improve our country’s current social status quoof choose and employ persons and improve the efficiency of social Labor plays animportant role, and to achieve the consensus of non-fixed term labor contract, and theconstruction of a harmonious society important social security.Through the paper research background, the domestic and foreign definition ofnon-fixed term labor contract for differences, so as to provide the basis for the studyof the paper. Then discuss harsh rough conclude non-fixed term labor contractprovisions, this part of unit of choose and employ persons circumvent the non-fixedterm labor contract way are introduced, at the same time put forward should protectlimited judicial practice on the implementation of non-fixed term labor contract;Deepening the welfare color of non-fixed term labor contract supplementaryprovisions. Second for general simple lack of flexibility of non-fixed term laborcontract changes and remove rules for research, this part in view of the non-fixed termlabor contract in terms of change and remove the multiple problems, these problemscan be also the current our country implements the main obstacle of the non-fixedterm labor contract. Then duty failure gap, and probes into the matching of non-fixedterm labor contract terms, including the non-fixed term labor contract regulations interms of loss; Non-fixed term labor contract trade union rights disputes; Non-fixedterm labor contract to a third party rights protection institution. Finally, theimplementation of non-fixed term labor contract problems thinking, mainly includesthe foreign experience for reference and is given from the perspective of harmoniouslabor relations of concrete countermeasures and Suggestions. |
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