Legislative Perfection Non-fixed Term Labor Contract System Of China

As an important legal form to establish labor relations,labor contract plays an important role in allocating labor resources reasonably,restructuring enterprise structure and organizing labor force.It not only maintains the stability of labor relations,but also greatly promotes the steady development of labor market.But between the laborer and unit of choose and employ persons had different response,on the one hand,got the favor of broad laborer,on the other hand also users of the unit as a scourge,away.In order to effectively promote the application of the non-fixed term labor contract system,to better establish the stable and harmonious labor relations,we should set up a new concept of legislation and improve the supporting system.This article through to the real cases in the judicial practice and the analysis controversy,exhibition began to explore the non-fixed term labor contract system,the key to find out in the implementation of the non-fixed term labor contract system existing problems and causes of these apply to trouble,and of the United States,Japan,France,Germany and other foreign compare non-fixed term labor contract system,to provide useful enlightenment to perfect our country related legal system,and then on this basis,from the improvement of the system is concluded,the improvement of the system of improvement of the system of change,termination and other related legal perfection of supporting measures from four aspects,on how to perfect the system of non-fixed term labor contract in our country,gives a clear conclusion condition,to improve the procedures of conclusion,expand the scope of application,improve the terms of the contract change rules,moderate to distinguish change conditions,strengthening the responsibility mechanism of unit of choose and employ persons,perfecting the Suggestions to perfect the evaluation system is established.The whole text is divided into five parts except "introduction"The first part is in the judicial practice a non-fixed term labor contract case introduction,and generalizes the focus of dispute,triggering the need to study the problem.The second part of the cause of non-fixed term labor contract system in China,non-fixed term labor contract contain the concept and legal characteristics are expounded,at the same time of the value of the non-fixed term labor contract system is analyzed.The third part analyzes the non-fixed term labor contract system in China in theimplementation of the existing problems and the causes of these difficulties mainly conclude non-fixed term labor contract and change rule has legislative loopholes,the applicable scope is too narrow,lift is harsh conditions,terminate the institutional provision is too principle and related law supporting measures is not sound;The fourth part of foreign labor legislation,the us,Japan and France and Germany in terms of non-fixed term labor contract system,in order to perfect the non-fixed term labor contract in Chinese reference and reference.The fifth part for the application of the non-fixed term labor contract system predicament from the improvement of the system of the improvement of the system is concluded,change,termination system to perfect the relevant laws and other supporting measures of perfecting corresponding perfecting suggestion.