Research On Some Problems Of Non-fixed Term Labor Contract

Flexible-term labor contract is an important type of contract in labor contract, and has been suspected broadly since it is enacted. Flexible-term labor contract is a contract system that is good for both employer and employee, having very important significance in protecting workers'legal rights, building a stable and harmonious labor relation. It broadens of flexible-term labor contract in "labor contract law" of our country, but its implementation effect is satisfactory in three years. The signing rate is still low. The employers reject it strongly in many ways to avoid their obligation of signing flexible-term labor contracts. The phenomenon of avoiding flexible-term labor contract by signing a contract without a fixed term and signing a virtual short-term contract is very difficult to resolve effectively. Of course, the current legislation of flexible-term labor contract is questionable in some aspects, especially the applicable space is still limited, and also the strict dismissal limitation to protect employees makes public enterprises have to keep a respectful distance. Basing on deep analysis and serious comparison of three models of the advanced international legislation about flexible-term labor contract, we can get some experience and valuable advice in both theory and practice. On one hand, we can establish a refined and improved new concept of flexible-term labor contract to refine and improve the specific provisions of legislation, making the system more reasonable and feasible; on the other hand, we can realize the balance of interest of both employers and employees, and form a harmonious and stable labor relations by the improvement of trade union functions and other relevant supporting systems concerning with flexible-term labor contract.