An Analysis On The Unfixed-term Labor Contract Case Between Sun And A Hotel

In the recent years, with the rapid development of the market-oriented economy,the employment problem has become a focus which is concerned by lots of people. Inthe discussion of employment, it is necessary to mention a keyword which is the laborcontract. The labor contract is the base of establishing the labor relationship under thecondition of the market-oriented economy. As an important annulus of the labor lawsystem, it plays a very important role in our social life. As an important type of thelabor contract, unfixed-term labor contract is more related to the vital interestsbetween workers and employers, and greatly affected the harmony and stability oflabor relations. Although there are many negative phenomena on the employmentfields, but through perfecting and improving the relevant laws and regulations, ourcountry has strengthened the protection of the workers. And it also shows the purposeof legislation to "protect the lawful rights and interests of workers". But there are stilla lot of uncertainties about unfixed-term labor contract in our country at this time. Forexample if the employer don’t sign a new labor contract after an old labor contract,does workers have the right to require the employer to sign an unfixed-term laborcontract? And how to solve the double salary problem. The arbitration between Sunand A Hotel is one of the typical case on the unfixed-term labor contract. From somesimilar cases about the unfixed-term labor contract we can find a situation which is“the similar cases has different results”. From this case we can find some focus issueson unfixed-term labor contract in the current legal practice, which can enlighten usabout how to develop the legal system on unfixed-term labor contract in China in thenext step. I hope the study on this case can provide some inspiration for solving thecomplicated issues on unfixed-term labor contract in legal practice.