The Perfection Of Chinese Law Rules Of Indefinite Deadline Labor Contract

In the first part，there is a comprehensive introduction and a concise comment ofthe legislation rules of indefinite deadline labor contract. In the legislation rules ofindefinite deadline labor contract, it introduces the same point about indefinitedeadline labor contract and definite deadline labor contract：the laborer and theemployer make labor contract by consensus.Then, it introduces the making rules ofindefinite deadline labor contract as the emphasis. It includes: the laborer work in thesame company over ten years;making labor contract in the enterprise of restructuring;making definite deadline labor contract twice in a row; treated as making non-fixedterm labor contract. It can be seen that<Labor Contract Law>carry out indefinitedeadline labor contract in order to setting up stable labor relations. It makes theprimary employment pattern turns into indefinite deadline labor contract from definitedeadline labor contract. In the changing rules of indefinite deadline labor contract, itintroduces changing labor contract by consensus about indefinite deadline laborcontract at first. And then, it analyzes a special case of changing legislation rules ofindefinite deadline labor contract in the judicial practice：is it can turns into indefinitedeadline labor contract from the fixed term labor contract by one of the parties undercertain conditions?Then, it introduces the employer change the labor contract bythemselves. It is only a little rules about this.In the removing and ending rules ofindefinite deadline labor contract, it introduces the relationship between removingand ending in the field of labor law.Then,it introduces the removing and endinglegislation rules of indefinite deadline labor contract. The removing rules include: thelaborer and the employer remove labor contract by consensus; resignation of noticeand immediate resignation by the laborer; resignation of notice and immediateresignation by the employer and Economic Layoffs.The ending of the indefinite deadline labor contract can be end if one of the parties lose the qualifications as thesubject,and also including other legal situation.On the whole,It reflects the higherdismissal protection about the non-fixed term labor contract.In the second part，it analyzes the flaw about the legislation rules of indefinitedeadline labor contract after the comprehensive introduction and the concisecomment in the first part.In the rules of indefinite deadline labor contract,it analyzesthe meanings of "over ten years","the same company" and "the laborer want tomake or refill the labor contract" in the situation of the laborer work in the samecompany over ten years and point out the flaw about them. In the changing rules ofindefinite deadline labor contract, it points out the flaw that the employer have only afew right of the changing labor contract and the laborer have no right of the changinglabor contract. In the removing and ending rules of indefinite deadline term laborcontract. I think there are the same conditions about removing and ending rulesbetween the indefinite deadline labor contract and the definite deadline labor contractexcept that the definite deadline labor contract can be ended after the labor contractexpire,so it can not be reflect the difference between them.In the third part，it proposes the suggestion about the legislation rules ofindefinite deadline labor contract., after studying the foreign legislation rules ofindefinite deadline labor contract and analyzing Chinese labor market.The foreignlegislation rules of indefinite deadline labor contract include European model,Japanese model and American model. There are the combination model of indefinitedeadline labor contract and definite deadline labor contract in the European model. Ithas the close contact between the indefinite deadline labor contract and lifetimeemployment.It is "Employment Free "as lead and "Lay-off Limit" as aide in theAmerican model. The suggestion about the legislation rules of indefinite deadlinelabor contract includes the overall idea and Specific idea. As a whole, it suggests thatthe adjustment about the legislation rules of indefinite deadline labor contractincludes the reform both the indefinite deadline labor contract and definite deadlinelabor contract. They can be adjusted to the market economy and Labor marketconditions.The indefinite deadline labor contract can play a role for stable laborrelations;the definite deadline labor contract can play a role for flexible laborrelations.