Research On Perfecting Labor Contract System Without Fixed Term In China

As one of three contracts form, the non-fixed term labor contract was writened in Labor Contract Law which went into effect in 2008. The level of law construction of the non-fixed term labor contract is improving and catching the eyes of people in the whole society. The confirmation of the non-fixed term labor contract aims to protect legitimate interests of employers and employees, build a harmonious labor-capital relationship, reduce those social problems which were produced by short-term contract. While with the development of practicing level, the defects come out. Due to the fact that the time of implementation of the non-fixed term labor contract is short, the construction of this system is not perfect and the experience of practicing is insufficient, the non-fixed term labor contract could not occupy the dominant place in Labor Contract Law. Besides, because the popularity of this kind of contract is not enough,leading masses of employees to give a bad view even misunderstandings on it, therefore, they can not using counterpart law measures to protect their own rights and interests. Meanwhile, there are lots of misunderstandings exist in the non-fixed labor contract for employers, which make them take various of measures to escape signing this kind of contract with employees. This conduct is not only violate the legitimate rights and interests of labor, but also bring lots of negative effects for employers, even make them burden unnecessary losses.Therefore, through analysizing the current situation of China’s non-fixed labor contract law system, including legislation and implementation situation, we can find out the existing drawbacks and shortages, and deeply analysize those problems which were exist in legislation and system itself. Those problems including which let people escape law responsibilities. Besides, the author will introduce the related law content of non-fixed term labor contract of Japan, Germany, America and France, finding out the shinning parts through comparison and analysis, as well as proposing targeted suggestions, hoping to find out right measures and ways to solve and perfect those problems. Thus, the non-fixed term labor contract system could be carried out in good ways, which will be meet the needs of the development of China’s market economy.In a word, there need to be a further research on theoretical study and practical operation for China’s non-fixed term labor contract, thus can produce the best possible results and play a good role in protecting legislate rights and interests for employers and employees.