On Legislative Improvement Of Non-Fixed Term Labor Contract In China

The labor contract interference by public authority is a special contract, and its realization of China's labor market allocation of resources and adjusting labor relations play an irreplaceable role. Without a fixed term labor contract is a very unique contract system, the legal experts and practitioners have paid much attention. Implemented since 2008, "Labor Contract Law "greatly expanded scope of the non-fixed term labor contract in order to protect workers. However, in six months before its introduction, a series of "dismissal", "downsizing" continuous occurrence to avoid application of non-fixed term labor contracts, so that the system become the focus of attention again. Why realistic option runs counter to the guidance of legislation, why it is possible to circumvent the law, why the terms of protecting workers squeeze employment space? There are many reasons, such as subjective misunderstanding, the interests and the objective situation that China's labor market. However, the imperfect legislation is the most fundamental reason undoubtedly.This article will study the non-fixed term labor contract's basic theory, utilize comparable methods to define concept of non-fixed term labor contract, generalize its unique value, and based on the status of the labor market in China propose the legal status of non-fixed term labor contract. Next, the article will study the legislation idea, set, change, relieve and practice situation of non-fixed term labor contract, identify shortcomings in legislation. Such as, defects in the legislative Idea; the current law does not make a distinction in the scope of the contract between fixed-term contract and no fixed term labor; the legal restrictions of employers discharging non-fixed term labor contract is too restrictive; legislation does not distinguish between different levels Workers, and ignore the right of workers to resign and so on. Then, the articles will improve legislation from three aspects. There are legislative changes in the concept, linkage mechanism established between no fixed terms and fixed-term contract and establishment of an independent the lifting system of non-fixed term labor contract, in order to transform the practice running counter to the legislation and play non-fixed term labor contract value.