Study On The Term Of The Labor Contract System In China

The system of labor contract term directly determines whether a country's right to live and right to employment of workers can be achieved, it closely related to the social values and the role of a national employment system and it has a far-reaching impact on the prosperity and development of the nation.According to the term of validity of labor contract is different, most of the countries in the world will labor contracts are classified into three categories: indenite-term contract,fixed-term contract and the completion of a certain task for the duration of the labor contract. Because of the congenital advantage of the indenite-term contract in the stable labor relations, reduce the unemployment rate and so on, Most of the world countries and regions, the indenite-term labor contract is the dominant form of employment system, while the fixed-term labor contract in the application of the premise, signed number, maximum period etc. has been strictly limited, only can be used under the provisions of of the law. In China, although the labor contract is also divided into three categories, but the current system of our country in fact is not consistent. China began to implement the labor contract system since 1986, in order to change the disadvantages of low mobility of labor under the background of the fixed workers, optimization of labor force and the combination of enterprises, promote the development of productive forces, thus to establish the employment system, due to the misunderstanding of the term of the labor contract system for a long time in China,and the relevant legal provisions are unreasonable, resulting in practice the position deviation of the indenite-term labor contract, which from this should provide more protection to contract gradually become a kind of welfare, reward contract for vulnerable workers, and can not play its original function. With the constant perfection and development of the market economy in our country, the defects of the employment system with fixed term labor contract system, the increasingly serious negative benefits and labor conflicts with the disorderly mobility of labor, indicating that the application of this system has not been very good coordination of the interests of the two sides of laborrelations, is not conducive to maintaining the stability and harmony of labor relations.In January 1, 2008, "labor contract law" was formally implemented, the legislative purpose of this law is to "protect the legitimate rights and interests of worker". In order to achieve this goal, the act vigorously promote the indenite-term labor contract system,hope to solve the short-term labor contracts and indenite-term labor contract is serious deficiency problem in the labor market of our country for a long time, but it is regrettable that the effect is not obvious. With the changes in the world economic situation and China's population structure and labor force structure changes, the previous understanding and application of the term of the labor contract system has been unable to meet the needs of contemporary, even impact to the future development, so moderate improvement on the term of the labor contract system can not fundamentally solve the existing problems in China, which should be generated from the deep reason of a comprehensive analysis of the system of labor contract term.When study on the system of labor contract term in China, firstly a comparative research method is adopted, in the summary of the system of the labor contract term, the content of the international comparison, comparison between the present system of labor contract term in China and the typical rules and practices of other countries in the world,the rationality of the current system in China is compared in the world. Then through the empirical analysis as a starting point, evaluating of the current system of labor contract term in China by the market adaptability and sustainability, in order to find the place to be improved and perfect, to achieve the goal of building a harmonious and stable labor relations.