Research On The Application Of Non-fixed Term Labor Contract

Non-fixed term labor law that has been regarded as the progress of The LaborLaw, did not appear until Labor Law article20was implemented in1995. In2008, itwas improved in the Article14of the formal implementing The Labor Contract Lawon scope and content of the program, which by allowing employees to claimnon-fixed term contracts based on negotiating with employers while certainconditions are met,"The two sides negotiated consensus" is no longer a necessarycondition for the contract signing.With the other two systems comparison in duration of the contract, the non-fixedterm labor contracts have distinct characteristics, from the viewpoint of terminationconditions, unlike the fixed-term labor contract have expressly stipulated period ofexistence. From the viewpoint of period to complete a certain task conditions attachedto the labor contract, the termination conditions with a non-fixed term labor contract,to a greater extent, is strictly limited to the employers. From the application point ofview, through the "labor contract law" supplement, expanded the scope of applicationof non-fixed term labor contract. From the functional point of view, a non-fixed termlabor contract system is to improve the situation of the short-term labor market inChina, in order to promote the development of China’s harmonious and stable laborrelations through inclining protection legislation. At the same time, the non-fixedterm labor contract in labor legislation advanced countries has several hundred yearsof development, the transition between the worker and the employer’s contradiction,protection in a weak position relative to workers, played an important role betweenthe employer of labor and the balance of power. Therefore, the application ofnon-fixed term labor contract system in our country, is the progress and developmentof the labor legislation in China.The severe conditions of non-fixed term labor contract in terms of terminatingemployment make it unwelcome for companies, thereby some of them taking specialmethods to avoid the term. For example, the event of numerous resignation in HUAWEI during2007and2008, the large scale layoff in Wal-mart China, and theCCTV dismissed a large number of temporary workers. All events reflect that theusual means of companies used to avoid the contract including buyouts and layoff.New tricks like changing names of employment companies and employing peoplefrom the labor dispatch organizations, however, are common in these days.From the establishment to perfect, the purpose of the non-fixed term laborcontract is to protect the weak position of workers but to get the opposite direction,the aversion means of enterprises are far away from the purpose of legislation topromote harmonious and stable labor relations. The practice of enterprises is escapedfrom the legal system vulnerabilities or reflected the labor relations in China marketcannot fully meet the requirements of non-fixed term labor contract system. Theenterprises have been in acquisition of wealth from society, simultaneously, to avoidthe application of non-fixed term labor contract system, if the enterprises have everconsidered the social responsibilities. One hand, the enterprises enjoy the benefits ofsocial and economic development, but the other hand the enterprises sacrifice thesocial equity and efficiency for the convenience of today’s market economydevelopment. The enterprises might not consider, as a member of society, also needto make a sacrifice for the realization of social justice.It is a process of establishment, development and complement for institutions.During the process, the government should consider the feasibility of what theylegislate while the company should adjust themselves properly and immediatelyaccording to needs of social progress and laws. The labor also have to know relatedlaws and regulations to protect their own legitimate interests. Just as “a fence withthree piles”, helping to achieve the real social progress, to solve problems in laborcontracts and to facilitate the formation of harmonious and stable labor relations, theLabor Law should be improved from multidimensional.