Research On The Non-fixed Term Labor Contract

The non-fixed term labor contract is based on the status inequality and information asymmetry and not fully between the labor and the capital, that showed the social law value; compared with the fixed term labor contract which reveals party autonomy and the expected benefits, the non-fixed term labor contract needs more intervention of the national public authority, because it is a special labor contract which safeguards stability between the Labor and the capital. Non-fixed term labor contract in our country created in the process of the enterprise employment system reform and marketization of the labor force, the system is used to make some workers who are unsuitable to participate in market competition exit marketplace in a settlement way. Although the non-fixed term labor contract with a strong "welfare" which was created political and economic system transformation, but it plays a special role in protecting the legal rights and interests of workers, strengthening relations of between the labor and the capital, promoting economic development and so on"Labor contract law" has been implemented six years, and fixed-term labor contract is a main form in china, but this leads to the emergence of “the short-term labor contracts and labor relations in a long-term pattern”. It is very bad for the protection of the legitimate rights and interests of laborers. A Comparative Study of other states’, we find that: Firstly, the scope of non-fixed term labor contract signing transforms from “Ten years service” of “ Labor law ” into “After two signing contracts” and “Ten years service ”two signing conditions in “Labor contract law”,but in reality,people who can conform to the signing conditions are mainly long-term workers in state-owned units or monopoly industries. legislation ignores the rights and interests of underlying workers and weak of small and medium-sized enterprises.The law is unified applicable to both labors and unit of choose and employ persons, so it is not targeted; Secondly, because of historical reasons and institutional inertia, the fixed term labor contract undertake the labor autonomy and state intervention protection two system functions, at the same time,the conversion applicable mechanism of non-fixed term labor contract has not been set up; Thirdly, the non-fixed term labor contract with a strong welfare, affecting the human resource management of the enterprise.As a special contract to stabilize relationship between the labor and the capital, non-fixed term labor contract neither made the company undertakes back heavy personnel burden nor make workers get a contract concluded once for all.Besides preface and epilogue, this article is divided into four parts:The first part: there is a basic cognitive of the non-fixed term labor contract in our country through combing the non-fixed term labor contract system’s history, concept, characteristics and value concept, lay the foundation for follow-up study.The second part is about the present situation of the system and analysis of the institutional defects. Through Searching for reasons of the behaviors of enterprises that avoid the non-fixed term labor contract, pointing out problems existing in the non-fixed term labor contract system in our country.The third part is to identify the different legislative system at home and abroad from the perspective of the comparative method. In the scope of labor legislation, Hong Kong, Taiwan area in our country, the United States, Japan, France and Germany are typical on non-fixed term labor contract system. Through the comparison of both at home and abroad, according to the national conditions of different countries, draw lessons from the legislative spirit, to seek the possibility of resonance in the practice of legislation and system transplantation.The fourth part is the key point of this article, which is to make perfect recommendations for non-fixed term labor contract system. Firstly,One is to shift the legislative thinking of “the labor against the capital”, adhere to the principle of hierarchical protection of different classes of laborers and employers; Secondly, distinguishing the applicable range of the non-fixed term labor contract according to industry characteristics and the size of the company,and limiting the applicable scope of the of the fixed term labor contract, gradually to activate the applying of the Non-fixed term labor contract; then using taxes and labor social security policy to incentive the labor and the capital to sign non-fixed term labor contract, realizing the transformation from fixed term labor contract to non-fixed term labor contract;thirdly, to remove its welfare factor, giving the employer a relaxed right to terminate non-fixed term labor contract; At last, completing the non-fixed term labor contract management, making good use of the labor market of Internal labor market in order to enhance the soft power of the company.