Research On The System Of Non-fixed Term Labor Contract

In recent years, more and more emphasis is stressed on the field of distribution in the field of equity and equality in recent years. Under normal circumstances, at the national level of the law on the allocation of equity and equality, mainly rely on public law, such as social security law, tax law, etc.. However, this also does not mean that the private law, such as commercial law, civil law, such as the need to participate in the regulation of the field of equity and equality, although the field of private law on the "fairness" of the emphasis is relatively weak.There is not a small gap compared to the living conditions of our country and developed country without a fixed term labor contract, as in most developed countries, without a fixed term labor contracts are the main form of their labor contracts, fixed term but is one example. Our opposite. This paper argues that it is necessary to vigorously promote the no fixed term labor contract normalization, so do the value and significance are enormous. First, the value of no fixed term labor contract is reflected in the protection of its workers' legitimate interests. Secondly, the significance of the no fixed term labor contract is that it not only concerned about the legitimate rights and interests of workers, but more important is that it facilitates between employers and workers to form a win-win situation. Without a fixed term labor contract for the employer, the employer can save investment in human capital resources, without a fixed term labor contract invisible saves the couple's employer training costs, reduced employer employment costs.Although our "Labor Contract Law" in the non-fixed term labor contract has been relevant provisions, but in actual operation, there is still a lot of vague understanding. For example, differences appear in the conceptual understanding, against non-fixed term labor contract, the termination of the contract or the termination condition to understand differences in the non-fixed term labor contract, the scope of the problem, there are still fuzzy, crossover and differences. From the point of view of the law, no fixed term labor contract can not be terminated, can be lifted. However, the dismissal of employees from the employer a cost perspective, the economic compensation, procedures, conditions, high cost of termination of the contract than the contract is terminated, so just from the point of view of economic cost, the employer in the dismissal with the signing of the " without a fixed term labor contract " when workers also will be very careful. Whether at home or abroad, in force between the employer and the employee when compared, the employer is always a dominant position, and the contrast of the forces of both sides are very poor, and in this case Our "Labor Contract Law" Although the principle of formal equality adopted, but in the actual regulations and operations are prone to weak- workers.In this paper, we analyze the definition of non fixed term labor contract, and focus on the discussion of the problem of the non fixed term labor contract and its change, termination and termination. In theory, there are two ways to terminate any contract: one is the termination of the agreement, one is the statutory termination. If the law prohibits the agreement to terminate the non fixed term labor contract, then it means that the contract freedom is limited, if the law allows the termination of the no fixed term labor contract, then "no fixed term" has become a "fixed term". Law, in the no fixed term labor contract to fulfill the legal right to resign, but the "dismissal protection" system has been strictly limited the use of units of the employer shall not be arbitrarily dismissed workers. Workers in the labor contract by taking care of their clear, often in violation of thirty days advance notice with the rules, suddenly and unit of choose and employ persons leave without saying goodbye. These leave without saying goodbye workers are generally starting from the angle of economic interests, does not hesitate the illegal to circumvent his resignation after should be given compensation unit, for example, induction training cost etc.. The damage caused by the workers of the "freedom" of unit of choose and employ persons sometimes immeasurable, if unchecked, with unit is not due to the protection and development of, with the size of the unit must shrink, labor demand will be reduced, from the long-term development perspective, which is not conducive to the development of China's economy as a whole, is not conducive to the protection of so the fundamental interests of laborers. Most of the time, no fixed term labor contract for the employer, it is very difficult to lift, and no fixed term labor contract to workers bring stability to the same time, but also to the workers brought inert, it does not have to worry about being dismissed, because his enthusiasm, efforts, creativity, etc. have weakened, so that the use of internal competition.This paper also draws on the relevant laws of the developed countries, through the comparison, analyzes our country in the absence of fixed term labor contract system. On this basis, the paper puts forward the suggestions, such as the general right to terminate the use of the employer, the elimination of the welfare of the non fixed term labor contract, the restriction of workers at will exercise the right to resign, etc..This paper proposes to improve without a fixed term labor contract system specific measures are: First, it should be refined without a fixed term labor contract conditions and procedures, detailed without a fixed term to impose conditions and results of the program of the labor contract the employer should be able to relax in the conclusion of labor freedom of choice on the contract, so that the employer can sign a labor contract without a fixed term according to their own interests voluntarily overall planning and selection. At this point we can learn with Japan, Japan's "lifetime employment" system, though not the law, but employers and workers are willing to sign a lifetime contract; secondly to relax the employer side of the non-fixed term labor contract cancellation condition China's "labor contract Law" Article 38, forty, forty-one pairs employer to terminate the labor contract to make a list of the provisions of Article 42 and to make the employer to terminate the labor contract reverse provision requiring the employer can not terminate the labor contract situation, which makes the employer in order to terminate the labor contract even more difficult;Third, we must improve the labor contract without a fixed term lifting program that creates distinction without a fixed term labor contract mechanisms to treat the problem, should be given to the employer has no reason to limit the right of cancellation, you should limit the abuse of workers' right to resign. "For example, wants to resign to further improve program worker must inform the law thirty days in advance of the employer, if the worker did not fulfill this program should be what kind of appropriate penalties; fourth, the establishment of a fixed term labor contract system changes, You can consider setting up something called the "agreed contract changes, but reservations" workers in a corresponding manner. "Gang recruits separation" approach to application also solve the problem without a fixed term contract changes an effective way.