The Term Of The Employment Contract Research

The labor contract period system is an important system of the labor contract law. At present, China's rules on labor contract period lacks regulation, feasibility, basic concepts and principles, and basic provisions of the specific systems. In practice, the maintenance of labor relations and the period of labor contracts are controlled by the working units. Workers' labor rights and interests have not been effectively protected, resulting in labor arbitration, judicial disputes, and eventually outstanding social problems. Based on a labor contract period system study, the paper endeavors to establish state intervention and private autonomy concept, by establishing three basic principles: the principle of both stability and flexibility, the principle of harmony and the principle of real fairness. The thesis tries to establish the dominant legislative mode characterized by equal emphasis on the fixed-term labor contracts and non-fixed-term labor contracts, and to design three specific labor contract period systems which are informative and employer-friendly, i.e., fixed-period, non-fixed-term, and the probation period. The study improves the deep of the current labor contract period research, and illustrates how in-depth study on a labor contract period system is to be launched. The thesis also serves as a timely proposal for legislators who are currently drafting the Labor Contract Law.The thesis takes a comparative perspective, comprehensive bibliographic data analysis method. By a comprehensive presentation and comparison of the French, German, Japanese civil law countries and China's Taiwan Province in the labor contract period system, the thesis analyzes and draws upon rational,mature concept of a labor contract period system of relevant countries and regions, and formulates a labor contract period system with Chinese characteristics.All the above is to be dubbed as one basic concept, one dominant legislative mode, three basic principles and three specific designs concerning the labor contract period system. It keeps abreast with advanced legislative experience of the international community on the labor contract period system. An underlying philosophy thereof is private autonomy under state intervention.The idea about specific design of the labor contract period system runs through the whole text. The one dominant legislative mode means the establishment of equal emphasis on the fixed-term labor contracts and non-fixed-term labor contracts. The model is based on the international legislation and factual cases during the development of our country. The three basic principles are guidelines in dealing with relationship between employers and workers as well as the relationship between the state, society, working units, and workers. The three major designs of the system refer to a fixed term labor contract, a no fixed term labor contract, and a probation period. To address the current legislation situation of overemphasis on fixed-term labor contract and completely ignoring no-fixed-term labor contract, the thesis limits applied situation of a fixed period labor contract and expands application scope of non-fixed-term labor contract. The paper pays attention to the transformed relations between a fixed-term labor contracts and non-fixed-term labor contracts, and sets up a framework of the new specific labor contract period system to be consistent with China's factual situation.This thesis represents the first comprehensive study on the labor contract period system, for studies on the basic concept, the dominant legislative mode, the basic principles and specific systems, and relative quantitative criteria constitutes the biggest ever endeavor and innovation of this paper. Of course, taking into account the focus of this paper, the author's reflection and study on the labor contract period system could be somewhat skin-deep and non-thorough. Thus, latitude remains for further research on labor contract period system.