The Legal Analysis Of The Problems In Our Open-ended Labor Contract

Open-ended labor contract is one of the three greatest contracts forms in Labor Contract Law which plays an important role in protecting workers'rights and building up stable labor relations. Although Open-ended labor contract is the highlight in Labor Contract Law, misunderstandings and disputes are always appearing during the past three years due to various means of evading employers'obligations. Under the background, this essay carries on legal analysis towards Open-ended labor contract.With the methods of system analysis such as comparison and induction, this essay aims at solving the problems in the enforcement of Open-ended labor contract and putting forward the suggestions on perfecting Open-ended labor contract by elaborating and contrasting it home and aboard. The research purposes lie in solutions to the misunderstandings and problems which occur in the implementation, and further improvement of Open-ended labor contract system, thus balancing the benefits between the employees and employers by legal analysis, which will be useful for building up a stable labor relations and promoting the construction of harmonious and stable society finally.This essay is divided into four parts. The first part focuses on legal analysis of the Open-ended labor contract including elaborating the contents and characteristics and analyzing its legal design principles and functions, defines it definitely and summarizes the development history of Open-ended labor contract. The second part interprets Open-ended labor contract system in details by analyzing the whole process from the establishment of labor contract, dissolution of labor contract to termination of labor contract, points out current shortages and the main methods which are commonly used by employers to evade legal obligations. The third part compares cases home and aboard. By introducing Open-ended labor contract system in Europe, US, Japan and analyzing the differences, this part puts perfection of Open-ended labor contract into consideration. The concrete suggestions on perfection are given in the fourth part. On the basis of above three parts, the suggestions involve in the following four parts:the definition of Open-ended labor contract and labor contract, the conditions of establishment, the conditions of dissolution and the establishment of related integrations in order to perfect Open-ended labor contract system in our country.