Without A Fixed Term Labor Contract

Labor Contract is a written agreement legally built between employees and employers under the market economy system on labor relations, rights and obligations. It is the product of the commodity economy and socialized production. Labor Contract is essencial as to bolster up the economy, safeguard the legitimate rights and interests of the workers, motivate the workers, and raise economic results. Non-fixed term labor contract is an important pattern of Labor Contract, but because of the social system, it remains as a special form when signing labor contract in our country for a long time. In contrast, non-fixed term labor contract in market economy countries, is a kind of Labor Contrast existing universally, which plays a positive role in keeping the labor relations stable and reducing the unemployment rate. The new Labor Contract tries to make it the main pattern of labor contract in our country by enlarging the signing conditions of the non-fixed term labor contract. But after one year's practice, the rate of the non-fixed term labor contract signing in our country remains very low, due to employers' resistance to the non-fixed term labor contract, which turns the non-fixed term labor contract a mere figurehead. This together with the problem of orientation of short-term labor contract wait for effectively solved. If not, it is a liability in establishing the harmonious and stable labor relations.By introducing the history and development of the non-fixed term labor contract, the paper analyzes the problems appeared in practice after the decree of the new Labor Contract as well as the reasons, compares several representative non-fixed term labor contract systems in other countries, tries to reveal the influences on labor relations in our country, and offers solutions as how to better the non-fixed term labor contract in the end.