Study Of The Labor Contract System

Based on "Labor Law", "Labor Contract Law"which was formally implemented from Januaryl,2008 has made a further specification on the duration system of labor law, forms of labor contract, non-compete clause etc. in which the system of labor contract durations has been concerned by employers and workers and cause a enthusiastic discussion of the problem. The duration system of labor contract is not only affect workers'well-being and employers'employment efficiency, but also has an important impact on economic development and social stability in China.This thesis starts from labor contract durations, makes a research on the framework of the duration system and problems regarding on revocation system of labor contract, termination system of labor contract which have a close connection with the duration problem,analyzing the duration system of labor contract in China at different historical stages and other countries'relevant regulations, identifies the problems existing in the current duration system of labor contract in China, considering short-term labor contract which is mainly existing in the current labor market, proposes its own solutions.The first chapter is an overview of labor contract durations in which the concept and type of labor contract durations has been defined and the classification standard of labor contract durations has been analyzed and strictly defined. The division standard of different labor contract durations is not only the different length of labor contract but also the different etermination matter regulated by law or agreed by employers and workers. Meanwhile, the thesis introduces the difference between labor contract durations and service periods, labor contract durations and probationary periods, discusses the value of labor contract durations system and introduces the history of development of labor contract durations system in China.The second chapter has described the problems in the fixed term labor contract system, non-fixed term labor contract system and duration systerm of labor contract to complete a certain task,analyzing "Labor Law", "Labor Contract Law ", "Implementing regulations of Labor Contract Law"and other relevant laws and regulations. China's law doesn't limit the application of fixed term labor contract; workers'unilateral arbitrary right to revocate the labor contract has caused a conflict between the workers'right and the effect of the labor contract as well as the imbalance interests between employers and workers. Additionally, the notice period in which the worker unilateral revocates the labor contract doesn't conducive to achieving maximize efficiency of employers and workers. The definition regarding on application of non-fixed term labor contract is not strict; the restrictions on the revocation of non-fixed term labor contract are too strict; "Labor Contract Law" has cancelled the clause that employers and workers have rights to agree on the termination of labor contracts freely so that the etermination of non-fixed labor contract becomes more hardly. On labor contract to complete a certain task, our theoretical research and legislative is not enough; the connection between labor contract to complete a certain task and non-fixed term labor contract is not clear; the clause on probationary period is too general.The third chapter propoes advices on the above problems by comparing the relevant regulations of other countries and analyzing the current situation of our labor market. For fixed term labor contract, we must regulate its longest period, limit workers right to revocate labor contract arbitrarily in the absence of non-fixed term labor contract and establish flexible notice period system. For non-fixed term labor contract, we need to strictly define its applicating situation, establish a revocation system for reasonal issues and allow employers and workers to agree on termination conditions of non-fixed labor contract freely. For labor contract to complete a certain task, we must strengthen theoretical study and legislative norms, clarify its connection with non-fixed term labor contract and establish flexible system of probationary period.