Non-fixed Term Labor Contract Research

Labor contract is the economic and social value of large-scale production of the product,promoting economic development,protect the legitimate rights and interests of laborers to mobilize the enthusiasm and employing units to improve the economic efficiency,will be of great significance.Flexible-termlabor contract workers as our labor contracts signed a special form,because the reasons for reform,been branded with the welfare and other special features, plus the legal right to sign the kinds of labor contract restrictions, flexible-termlabor contracts in China and have not been fully used,the system was completely empty,with the majority of countries in the world is incompatible.Overseas,the flexible-termlabor contracts is a widespread labor contracts.It has played a positive role in stabling labor relations,lowering the unemployment rate.Fixed-term labor contract is a main form in china.But it have been greatly hampered overseas.This leads to the emergence of the "short-term labor contracts and labor relations in a long-term pattern".It is very bad for the protection of the legitimate rights and interests of laborersThe article has four parts:The first part discussed the flexible-term labor contract with the definition and function;"Labor Contract Law," the provisions of Article 14,"flexible- term labor contract is that the employing units and workers have not set time agreed to terminate the labor contract,"but I believe that the" termination agreement without determining the time "and" the time has not agreed to terminate "are two different concepts.The author suggested in the subsequent implementation details or judicial interpretations to direct the legislative gaps be filled:"not in the labor contract agreed term of the contract,as no fixed duration of the labor contract." Then discusses the three fixed-term labor contract with the function, namely the protection of workers,raise the employing units economic efficiency and establish a stable economic orderThe second part discussed the non-fixed-term labor contract with legal basis,realistic foundation and application mechanism.As the long-standing fixed-term labor contracts mainly led to a situation of " relations of long-term, short-term labor contracts";and the lack of sense of stability was difficult to mobilize the enthusiasm,the quality of the laborers are not improving,the enterprise' s core competitiveness difficult to achieve,the behaviour of using the a large number of workers golden age is not effectively curbed.It damaged the rights and interests of laborers,impacted on social stability,so that these hazards proved that flexible-term labor contrat is necessary.Fixed-term labor contracts,to a certain extent,retain the traditional factors of the private,and flexible-term labor contract largely concentrated expression of the basic requirements of social law.These two different types of contracts will inevitably have conflicts and contradictions,and this involves the application of the flexible-term labor contract.In the application of mechanisms,{Labor Contract Law} in the expansion of fixed-term labor contract the scope of application at the same time tightened the disarmament conditions,to have no fixed term labor contracts and market linkages,as accepted by the employing units have a problem.But I think this can not be totally denied "Labor Contract Law" is the manner of implementing the flexible-term labor contract,any kind of the way it is impossible in practice does not take place overnight and setbacks,we can improve the "labor contract law" to the judicial interpretation in the way of implementation of a more workable and leading.The third part,{Labor Contract Law} implemented flexible-term labor contracts with three-pronged approaches;The author analysis setting conditions of flexible-term labor contracts in Japan,China' s Taiwan Province,and summed up the conditios which can be used in our country.Then analyzed the reason of {Labor Contract Law} to impose conditions on the three elements.The author selective analysis Employer's rights of terminating the contract.Author priority has analysed employer's rights on relieving right and given suggestion on legislation to prevent the employer abusing the relieving rights.The fourth Part,to avoid the practice of fixed-term labor contract with the practice and regulation.Misreading enterprises have bellieved that "iron rice bowl" is back,so have taken various legal means and measures to avoid a flexible-term labor contracts signed,but no fixed-term labor contract strictly distinguished from the "iron rice bowl";Employing units,based on the provisions of the law or the agreement can teminate flexible-term labor contracts. Then the author alanysis the employer' s behavior to circumvent the flexible-term in practice and sum up the regulations and rules.namely, persuasion,coercion or even dismiss workers to resign labor dispatch; employing units change;signed to complete certain tasks for the duration of the labor contract to replace fixed term labor contract;sevice dispatch;The author described how to improve the regulatory system to avoid the circonvention in judicial interpretation or.Implementation details,but also rational reflect frequent avoidance behavior reasons.The original intent of legislators is to work through a flexible-term contract provides for the protection of the legitimate rights and interests of workers,as far as possible to avoid Employers siphoning worker's "golden period";but such protection maybe is a form of "protection trap",making the employing units trying to avoid a flexible-term labor contracts signed.Reflection on the results,we can not totally negate the fixed-term labor contract with the provisions of the original intent of legislators is good,I think that the existing labor contract law,"three-pronged approach" with the implementation of a fixed-term labour contracts although a small loophole,but not the existence of the problem,and the key is how to balance b the interests of workers and employers;I believe that lifting judicial interpretation to adjust this embarrassing situation,and employing units can be through the establishment of a flexible-term contract management and labor assessment and management mechanism to better use.In this chapter,how to improve general pattern and particular regulations of Chinese legal system of modification of labour contract is concerned Suggestion on general principle includes the special protection for labourers,respect the autonomy in personnel placement of employing units and flexibility of modification.Then,author analyzes the variation of operating post, workingpiston and remuneration,and gives some specific suggestions on modification of labour contract accordingly.