On Non-fixed Term Labor Contract System

Non-fixed term labor contract system is an important content of labor contract and it plays a key role in maintaining the stabilization of labor relations.In recent years,our economic growth starts to slow down and development enters into “new normal”,so it began to reform the supply side,In the case of enhancing the flexibility of the labor market,non-fixed term labor contract system reform become the focus.Through the literature research,it is found that the academic circle mainly focus on perspectives of legislative value,domestic and foreign comparative research,legal clauses.There are few scholars studying the system from the perspective of subjective cognition a nd actual performance.So this paper regards it as a starting research point,and using methods of comparative analysis and empirical analysis to compare the system of theoretical and practical effects,and to analyze the reasons for the existence of the gap.The basic theoretical level of the system literature research mainly includes the construction of logic and systematic situation and the historical evolution,which aims to explore the existence of the legitimacy of the system.In addition,for the system,it has made the domestic and foreign comparative study,and analyzed the reasons why foreign countries use non-fixed term labor contract system as the general principle.By investigating the cognition and practical implementation effect about the system,it found that laborers did not have enough awareness of non-fixed term labor contract system.In contrast,they would give priority to labor remuneration,work content and other factors.Labors who signed a non-fixed period mainly consider the stability of work,social insurance and other factors.In the case of enterprises,the data shows that they have a strong willingness to sign a non-fixed term labor contract;and the implementation of non-fixed term labor contract depends on the nature of the enterprise.From the point of view of the system itself,there are certain problems,such as,legal conditions of cancelling are too strict;there is no clear scope division of fixed-term labor contracts and non-fixed term labor contracts.In general,it exists gap between the design and implementation of the system.In addition to the existing problems of the system itself,economy,society,culture and other factors are main reasons that affecting the implementation of the system.Finally,it is suggested that the system should be placed in the whole logical system of the labor contract system,and the internal and external environment should be combined.