A Research On China's Fixed-Term Employment Contracts System

Fixed-Term employment contracts refer to a labor contract concluded between the employer and the employee that stipulates the term of the contract.In the era of planned economy,lifelong employment is the main form of employment.With the promulgation of the Labor Law of the People's Republic of China(hereinafter referred to as the"Labor Law"),enterprises began to implement the labor contract system.Because the employment autonomy of the employer has been greatly guaranteed,the fixed-term labor contract has become the main form of employment in China.However,while maximizing employment flexibility and increasing employment opportunities,it also led to the short-term problem of labor contracts,which led to a significant reduction in the occupational stability of workers and the difficulty in securing basic rights.In order to solve this problem and stabilize the job market,the Labor Contract Law of the People's Republic of China(hereinafter referred to as the”Labor Contract Law")has increased the application of labor contracts without fixed-term contracts,trying to guide both labor and capital to sign,but not Get good results.To study the short-term problem of labor contracts in China,the essence lies in the unclear understanding of the flexibility and stability of labor relations.Relevant legislative provisions such as the scope and cancellation of contract conclusions do not reflect the value function that the term contract should bear.Correspondingly,labor relations in most countries and regions are from non-regular flexibility to regulatory stability.There are strict regulatory provisions for fixed-term contracts.Non-scheduled contracts dominate,and fixed-term contracts are only supplementary.Labor relations are relatively stable.In order to solve the problem of short-term labor contracts,China can learn from other countries and regions on the basis of its own national conditions.China's current law does not impose restrictive clauses on the establishment of fixed-term labor contracts,and its scope of application is very broad.Because the term labor contract is more embodied in the flexibility of employment,it is highly sought after in practice and becomes the most common form of employment.Most countries and regions have restricted the scope of application of fixed-term contracts,and only allow them to Applicable in speci:fic jobs,while specifying exceptions for certain special industries.In order to enhance the employment stability of workers,reflect the value function of fixed-term labor contracts,and achieve the dynamic balance of stability and flexibility of labor relations,China should exclude continuing work from the scope of application of fixed-term labor contracts,only Allow it to be applied to work that does not continue,and allow exceptions to be applied in specific situations such as elderly employment,first-time employment,and employment in emerging businesses.The natural termination and early termination of labor relations is the most lively part of labor legislation,and one of the most important systems.The perfect termination and termination system is the key to ensuring the stability of workers and maintaining the flexibility of employers.China's law does not distinguish between the types of contracts and the termination and cancellation rules of labor contracts,but the same standards are applied uniformly.Other countries and regions are based on the essential characteristics of fixed-term labor contracts.When the contract expires,the application of economic compensation is excluded,and the right to terminate the fixed-term labor contract is strictly restricted.It cannot be lifted because of major reasons.The fixed-term labor contract reflects the agreement between the employer and the employee on the contractual content.The two parties should be bound by the contract term.Based on the principle of autonomy of will and the predictability of the contract termination period,the laborer does not have an expectation benefit for the contract that expires.The application of economic compensation in the case of expiration of the contract shall be excluded,the termination of the fixed-term labor contract shall be strictly restricted,and the parties shall be allowed to agree on reasonable liquidated damages.Although a fixed-term labor contract is essentially different from a non-fixed-term labor contract,it cannot be viewed in a split manner.China has added the conversion provisions of the two in the legal provisions,which is of progressive significance.However,the legislative ideas currently in force in China are not scientific.They are more inclined to restrict the scope of application of non-fixed-term labor contracts,instead of strengthening the idea of natural transformation of labor contracts,and deepening the labor contract between employers and employees.Misunderstanding of scope and value.In addition,the specific provisions of the law are not perfect,the practice is not strong,and the behavior of the unit to avoid making it is getting worse.Moreover,the law requires laborers to take the initiative to propose,but because of China's special national conditions,workers are required to take the initiative to apply for a lack of realistic basis and operability.China should learn from the practices of other countries and regions,strengthen the idea of the conversion of labor contracts,improve the specific transformation provisions of labor contracts,and establish a conversion mechanism based on the writtenness of the labor contract in violation of the fixed term or the continuation of the work.