Studies On The Establishment Of Non-fixed Term Labor Contracts In China

The labor laws of most countries and regions in the world have established the non-fixed-term labor contract system of their own characteristics based on national conditions or regional conditions.China's Labor Contract Law also made more detailed provisions on the basis of China's Labor Law.This approach is in line with the trend of international labor contract legislation.However,in practice,the provisions of the present law in China for the establishment of a non-fixed-term labor contract have led the employers to take measures to avoid making labors contracts with laborers.It means low signing rate and low applicability;at the same time,when disputes arise between employers and laborers concerning the conclusion of non-fixed-term labor contracts,the absence of provisions and the conflict between provisions lead to the existence of the same cases,different judicatory ideas and results in judicial practice.The emergence of the above two problems is not only because of the limitation of legislative technology,but also because the value judgment of non-fixed-term labor contract tends to pursue only stable labor relations,adopting the way of breaking through the principle of signing contract equally and voluntarily,which increases the social burden of employers,and imposes compulsory restrictions and restrictions on the signing of non-fixed-term labor contracts.This way has imposed mandatory restrictions and restrictions on the signing of non-fixed-term labor contract.Therefore,in order to solve the above two problems,we should take the non-fixed-term labor contract as the normal selection,making up for the lack of provisions and cooperating with the system of the conclusion of the fixed-term labor contract and the system of the termination of the labor contract,and take various measures to improve the system of the conclusion of the non-fixed-term labor contract,so as to make it play its due role.