On Legal System Of Unfixed-term Labor Contract In China

Compared with the legal systems in other departments, labor law starts late and is still immature. Even in Britain and French which are the earliest countries to legislate, labor law only appears just more than one hundred year. Compared with those developed countries in the west such as Britain and French, the legislation and theoretical research of labor in China is more backward. From the issue of Labor Law and the implementation of Labor Contract Law, it has been more than ten years. Fixed-term labor contract is warmly welcomed by employers. It accounts for a large proportion in the contracts signing of labor market and becomes the preferred contract for employers. Meanwhile, with the less and less period, more and more times of signing, some labors have worked in a company for four or five years or even more, the employers still choose to sign the contracts annually so that the labors are always in the dangerous state of unemployment. Therefore, unfixed-term labor contract plays a significant role in improving the stability of labor market.The issue of Labor Contract Law further unified the dimension of labor law’s enforcement and judicature and promoted the research and development of labor law in our country. However, the system of unfixed-term labor contract was exposed its shortcomings shortly after its implementation. Because the system tends to protect the labors’ interests, the employers can’t fire labors optionally. Only under the regulations and laws, can they terminate the contracts. The system breaks the equal status in laws of the two parties and increases the costs of employers largely so that these employers try their best to avoid signing the unfixed-term labor contracts. The unfixed-term labor contract has become the most controversial issues discussed in the theoretical research of labor laws and the juridical practice. So far, the theoretical cycle has been arguing for the theoretical issues of the system of the unfixed-term labor contract. Therefore, it’s both the requirement of theoretical theory and social situation to analyze and research the legal system centered on the unfixed-term labor contract.During the practice, we found there were two defects in our unfixed-term labor contracts. The first is that the system hasn’t provided stable jobs to those labors in the middle-low classes. On the contrary, those labors are in the danger of being unemployment again. The second is that the rights of terminating the contracts of employers are restricted so that they try their best to avoid signing. To solve these problems, the article makes a comparative research on the unfixed-term labor contract in foreign countries and Taiwan in China, which mainly analyzes the relative systems in French, Germany, Britain and Sweden which start the system early, the free mode in America, lifetime employment system in Japan, and relative modes of system in Taiwan. Through the analysis and research on the countries and regions above, the author believes that the modes of system in America and Japan connect closely with their backgrounds of market economy and traditional culture. It’s not suitable for us to use for reference because of our large differences. The relative modes of system in European countries and Taiwan in China are close to our national conditions. Therefore, intimating these systems and combining our national conditions, we can improve the signing and firing of unfixed-term labor contract and further expand the coverage of unfixed-term labor contract so that its leading role can be achieved. And it can adapt to the development of globalization.