The Legal Consequences Of Illegal Not Concluding Non-fixed Term Labor Contract

Non-fixed term labor contract means that the employer and the employee agree that there is no fixed termination of the labor contract.In the labor contract system of our country,the contract system plays a very important role,which helps to protect the legal rights and interests of the workers,but also can better guarantee the stability of the relationship between employers and employees.However,the application of the system in practice has a lot of problems.This paper uses the method of literature analysis and empirical analysis to start from the case of Hou Mou v.Dispute on a bank labor dispute.On the basis of grasping the basic case,the paper analyzes the application of the law.The provisions of Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Labor Dispute Cases shall be applied to the question of whether or not the people's court shall regard the existence of a fixed-term labor contractual relationship between the two parties.For the interpretation of Article 14 of the Labor Contract.And thus concluded that the case between Hou and a bank should be regarded as there is non-fixed term labor contractual relationship.In addition,the combination of the facts of the case that part of the proposed violation of the employer is not signed with the workers without a fixed term labor contract "illegal" specific identification,the case of a bank in the existence of illegal acts,Pay twice the monthly salary.On the basis of the analysis of the case,this paper analyzes the existing problems of the existing fixed labor contract system and puts forward its own thinking and suggestions from the point of view of the existence of the fixed labor contract system in the case and the actual life practice.The system in the future practice to better play its due value.