Non-fixed Term Labor Contract Issues Related To Research

With the development of economic globalization,the theory study on the labor contract has become the focus of the research.Since "labor contract law" promulgated,the academic study of non-fixed term contract theory set off a boom.Non-fixed term labor contract is a general recognition around the world and to establish a contract system,China's "labor contract law" on the basis of the "labor law" to confirm again and the system specification,complied with the international trend,but in the "labor contract law" provisions on non-fixed term labor contract system,whether from the aspect of legal theory,whether in the system on the actual operation effect of the desired goal,to be combined with the analysis of relevant theories,at the same time also need to combined with the status quo of China's economic development and Labour market,for China on the future of non-fixed term labor contract system,an in-depth thinking.This paper is divided into five parts:The first part is about the non-fixed term labor contract disputes.Chinese scholars explain the non-fixed term labor contract legislation blank,as well as non-fixed term labor contract termination date,with high stability;Embodies the state intervention of labor contract deadline;In law to limit excessive to unit of choose and employ persons,the academic circle about whether non-fixed term labor contract should be normalized produced sharply two views.The Chinese meaning of non-fixed term labor contract and its system design purposes are different from other countries,on the design and implement the system of combined with national conditions of our country to comprehensive considerations.Its legislation value has the following points: one is to protect the laborer;The second is to improve the overall economic development unit of choose and employ persons;Three is to build a benign economic order.The second part is about the comparative study of non-fixed term labor contract system.This paper respectively to easing employment system,continental Europe,the United States the rigor of the firing system,the Japanese lifetime employment in the non-fixed term labor contract system and the career flexibility comparison,outside thelabor contract system bring to our enlightenment is: the non-fixed term labor contract with the division of fixed term labor contract is based on the professional characteristics determine its scope of application,should not be "social welfare factors";Service system of the establishment of mutual combination of historical background,historical background hard to copy foreign system not be left;Although in most countries with non-fixed term labor contract as the norm of labor relations,European reforms are worth learning.The third part is the non-fixed term labor contract concluded.According to "labor contract law" article 14 analysis conclude non-fixed term labor contract conditions,can be divided into three types: one is due to conclude working fixed number of year;The second is concluded by contract number;Three is due to the fact that labor relations and conclude.The legal evaluation are as follows: First,with a strong "welfare nature";Second it is to limit the options to unit of choose and employ persons;Three is converted into enterprise legal obligations;Four is to fully passed on in enterprise bear the social security responsibility.The fourth part is of the rescission and termination of a non-fixed term labor contract.Analysis of non-fixed term labor contract removes and end what are the differences in concepts and legal effect,and briefly illustrate its historical evolution and lifting condition,discussed from the aspects of obligation of laborer and unit of choose and employ persons the rights and obligations,the legal consequence of non-fixed term labor contract removes the last focuses on the lifting system of refactoring.The fifth part is the conclusion of non-fixed term labor contract summary and research prospects.Conclusion summary,summarized are as follows: first,the appropriate limit scope of non-fixed term labor contract;Second,the appropriate relaxation of unit of choose and employ persons of the non-fixed term labor contract termination right scope;Third,for change in the non-fixed term labor contract requirements should be given appropriate relax.Fourth,improve the social security system;Fifth,improve the system of wages;Sixth,exert the function of enterprise trade union.And for the future,about the non-fixed term labor contract removes research will become the core issue of China's labor legal system construction andtheory research.