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

Posted on:2014-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y WenFull Text:PDF
GTID:2266330422965371Subject:Economic law
Abstract/Summary:PDF Full Text Request
As an important part of the Labor Contract Law, non-fixed term labor contract system gaverise to an intense debate in the whole society, since the Labor Contract Law was enacted in2007.Building a stable and harmonious labor relation is one of the aims of the non-fixed term laborcontract system. However, measures have been taken to evade the law by most employers, whichhas led to the Legislative target failed. Therefore, to clarify the theory of the non-fixed term laborcontract and analyze its defects becomes a major task for the construction of labor laws.The whole article is divided into four chapters.Chapter1presents the status of implementation of the non-fixed term labor contract. Underthe relevant research data, we found that the signing rate of this contract is unexpected low andmost employees have not been effectively protected. Then, the author points out the defects of thenon-fixed term labor contract system in three aspects: the provisions of the contract signing andtermination, illegal dismissal compensation.Chapter2presents the comparative study on the non-fixed term labor contract system. This part will compare and analyze relevant rules of foreign lawof the non-fixed term labor contract in four aspects: the definition of non-fixed term labor contractin other countries, the provisions of signing the contract, the dismissal protection system and theinstitutions of illegal dismissal compensation. In the end, the author tried to analyze the suitabilityof its application to China’s social environment.Chapter3analyzes the legal value in the non-fixedterm labor contract system. There are two pairs of legal values in this system, protection ofemployee vs. freedom of contract, employment security vs. flexible staffing. Legislation has tobalance different kinds of legal values. Proceed from China’s actual conditions, the construction ofthe non-fixed term labor contract system should be conducive to the stability of labor relations andthe development of the society.Chapter4is about the proposal of improvement of the non-fixedterm labor contract system. Based on the theory of incomplete contract, we found the non-fixedterm labor contract is more conform to the essence of the labor relations. In the terms of interest-guiding, the author puts forward several targeted suggestions to perfect this system.
Keywords/Search Tags:Non-fixed term labor contract, Employment contract, Theprovisions of contract termination
PDF Full Text Request
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