Reflection On The System Of Compulsory Establishment Of Labor Contract Without Fixed Term In China

No fixed term labor contract refers to the employer and the employee agreed no time to terminate the labor contract.It has a high degree of stability,balance of interests,mandatory,no fixed term characteristics.It is entered into by way of agreement,coercion or quasi-establishment.Mandatory form is the main way of establishing a fixed-term labor contract.There are two main deficiencies in the mandatory system of labor contract: First,There is a loophole in the expression of "Labor Contract Law" Article 14,paragraph 2(3)Item.The provision also exists no reasonable degree of control "compulsion".It is also not conducive to cultivate public awareness of law-abiding.In view of the above problems,the following suggestions are put forward: First,the circumstances stipulated in paragraph 2(3)Item of the Labor Contract Law are listed separately from the second paragraph.In order to be exempt from the indiscriminate,comprehensive and coercive manner established by paragraph 2 of that article.Secondly,within a period of ten years(excluding ten years)to determine the length of time for a two consecutive signed labor contracts,within the length of time,will be renewed twice after the labor contract,the third Whether the renewal of the option is to be paid to both employers and employees;if the length is over the length of time,it will still be dealt with in a fully enforceable manner.Third,the appropriate increase in fixed-term labor contracts to force the system to consider the factors that increase the system's inclusive and flexible.Fourth,the "Labor Contract Law" should be mandatory to establish a fixed-term labor contract to determine the content of the way to make clear.