Research On The Labor Contracts System Without A Fixed Period Of China

The labor relation is one important kind of social relations in our country, and its significant manifestation is just the labor contracts. Currently, three types of employment forms are regulated by the labor laws of our country. They are labor contracts with a fixed period, labor contracts without a fixed period and labor contracts with a period to complete the prescribed work. In practice, the contracts with a fixed period are the main employment form. Although the "Labor Law of the People’s Republic of China"and the "Labor Contract Law of the People’s Republic of China" have both made the prescription on labor contracts without a fixed period, because the laws have set stringent regulations on the situation of employers terminating the contracts without a fixed period at the same time, the managing cost and employing risk have increased greatly. The result is that very few employers would like to choose this kind of employment mode. And they will avoid actively the occurrence of the situation of signing the contracts without a fixed period through the way of labor dispatch and temporary labor. This kind of excessive leaning legislative mode also results in the tense relations between the both sides of the employment. If the employers made their ways to avoid this legal provision, the workers will frequently come and leave, and this outcome will also be no good for the harmony and stability of labor relation. Also, the final undertakers of the negative effect arisen from avoiding the risk will be the workers who are at the weak position. Such result violates the original intention of establishing the system of contracts without a fixed period. On investigating the labor systems of other countries, we found that most of them take the contracts without a fixed period system as the normal method and use the contracts with a fixed period as exception. But our country is just on the opposite side. In practice, the problems out of the contracts with a fixed period, the disputes and instability of the employment are increasing yearly. Therefore, this dissertation will study and analyze the system of contracts without a fixed period in our country and provide corresponding legislative advice on the basis of probing into its stem value and meaning and the related stipulations of our country’s law. And on balancing the economic development and the meaning and value of the contracts without a fixed period, we reckon that our labor law system should loose the limits on employers’ relieving contracts without a fixed period to ease the tense relations between the employers and workers. Meanwhile, the concept of interests community of employers and workers should be promoted and deepened. To do so, we can gradually guide the employers and the laborers to sign labor contracts without a fixed period, make that become the norm state of our country’s enterprises employment form, realize the optimal allocation of human resources, obtain stable and harmonious labor relations in our country and provide protection for the greatest degree of economic well-run, social stability and order.