A Research On The System Of Open-ended Employment Contract In China

The employment period is one of the most important factors in the labor contract. Fixted-term employment contracts had been recognized as the dominent features for a long time in China, which had caused the situation of the "short-term labor contracts and labor relations in a long-term pattern".It is not favourable which is very bad for the protection of the legal rights and interests of employees. So Labor Contract Law of China on Employment Contracts which enforced on January 1st 2008, tries to reverse this situation. The law of Employment Contracts makes great adjustment to the employment contract period and extend the application of open-ended employment contracts. This will give what kind of impact on labor relations, the social have given the great concerns.The text discusses the rationality of open-ended employment contracts from the value of this system, pionts out defects of current regulations and puts forward some proposals.The text is divided into four chapters apart from introduction and conclusion.The first chapter describes the value of open-ended employment contracts, and analyzed the process of labor contract system. The value of the system used is the main goal of analysis from the interests of both parties, the concludision is that the open-ended employment contract can bring a win-win results. The stability of labor relations is conducive to social harmony System. Needless to say, the value of this system target is affirmative, but the legislative process has been came in the debate, as the view of this, the author analised the process of the labor contract system in China, demonstrated the alternation from the regular employment in the planned economy to employment contract system in market economic system, reached the reasons for the open-ended employment contracts in our legislation.The second chapter describes the phenomenon of the open-ended employment contracts in practice, according to the relevant research data obtained, the phenomenon of short-term labor contracts have not been fundamentally resolved, labor relations are not stable. This is far away from the value of the open-ended employment contracts pursuit for. For the implementation of the real situation, we analysed the causes from the two aspects, the enterprises and the workers.The third chapter pionts out the defects in the open-ended employment contracts, under the above analysis. We analysis the open-ended employment contracts from the theoretical and practical aspects, at first, there are some technical problems in the items and written expression is vague and ambiguous. Secondly,there are so many people in our china, the structure of the internal workers is diversities, therefore,it is not reasonable for job security was set to be a common objective. The Features of the small business make open-ended employment contract a real luxury. Imperfect regulations of the labor dispatch law led to a large number of enterprises using this method to reduce the labor cost, which caused tremendous impact on the implementation of the open-ended employment contracts.The fourth chapter is a key part of this text. Open-ended employment contract was the right choice in the reform and opening up of labor relations, which was line to labor relations adjustment and the need for protection of rights and interests of workers. This part mainly detailed some suggestions for the system problems in legislation and practice, only hope that the open-ended employment contracts continuous improvement in practice, play the positive significance of the system itself.