Research On No Fixed-term Labor Contract

Labor contract law on labor relationship building, promoting good specificationis very important to safeguard the rights and interests of labourers. The law sinceJanuary1,2008, in Taiwan got extensive attention of the society. Before the law asthere are a lot of changes, the most prominent is based on a number of terms of clarityand specification without a fixed term labor contract system, to expand the scope ofapplication, to strengthen the effectiveness of mandatory, provides a powerfulguarantee to the development of the system. The creation of "labor contract law" isconducive to enterprise legal recruitment, but also produced some new problems anddifficulties. Through to the non-fixed term labor contract that difficult points found inthe application of research, lead to the discovery of the system deficiencies, to furtherimprove and promote the system, so as to better protect the lawful rights and interestsof workers and the employer’s interests.Non-fixed term labor contract with no clear rules in legislation, in practice it isdifficult to operate. Non-fixed term labor contract system as an important part of the"labor contract law", not only can effectively safeguard laborers’ legitimate rights andinterests, also can promote the laborer and unit of choose and employ personsbetween the stable and harmonious labor relations, to the improvement of the systemof labor contract and the progress is of great significance. In order to let the non-fixedterm labor contract system and can be widely recognized by smooth, difficult anddoubtful points in judicial practice carries on the analysis, research, and furtherimprove and perfect, to make it better protect the lawful rights and interests of thelaborer and unit of choose and employ persons.In this article, the author first of all, the concept of non-fixed term labor contract,characteristics and value are analyzed, and based on the research of the foreignlegislation, and put forward, which can be used for reference and then do the analysisand comparison, the present legislation in China put forward a lot of shortcomings, at last according to our country’s present situation and the excellent foreign legislativeexperience, for the perfection of relevant laws in China are further described.Theoretical level, this paper involves the non-fixed term labor contract system of therelevant basic theory to analyze the problems in a uniform, summarized its essentialcharacter, then in theory of our country have a non-fixed term labor contract made apenetrating analysis of the feasibility of the system. At a practical level, comparativeanalysis of the German, French, Japanese national of the non-fixed term labor contractsystem of legislative experience, and combining with China’s specific nationalconditions and existing problems of practice, this paper detailed lists the non-fixedterm labor contract system in China is still need to improve the legislative defects, onthis basis, the author put forward a series of perfect measures.