Research On The Legal System Of Labor Contract Without Fixed Term In China

China's unfixed-term labor contract system is one of the systems that constitute the current labor contract legal system.Because of its significant tilt in the legislative purpose of protecting the legal rights of workers,it has an indispensable role in the entire legal system.value.With the more and more perfect labor laws and regulations,people's legal consciousness is gradually strengthened,the application scope of labor contracts with no fixed term is expanding,and people are paying more attention to it.Although the legal regulations for labor contracts with no fixed term are relatively clear and standardized,which meets the needs of China's economic development,due to the lag and limitations of the law,in the implementation process,the contract signing rate is not high,and the actual application resistance is large Can play its real role.The enactment of the law is to implement,to achieve the legislative purpose,to resolve the disputes in reality.Therefore,the status quo of the conclusion of labor contracts with no fixed term has not reached the legislative expectation,and it is worth our in-depth research and analysisThis article analyzes the legal provisions of labor contracts with no fixed term,and carries out in-depth theoretical research on the issues highlighted in the implementation process.For example,it analyzes the loopholes in the current rules,excessive protection of the lawful rights and interests of workers,and the narrow scope of application.These defects make it easy for the employer to evade the conclusion of labor contracts with no fixed term,and to take advantage of the loopholes in the law to avoid taking legal responsibilities.In response to these phenomena,by introducing the relevant legal provisions and specific implementation of labor contracts with no fixed term in other countries,we can learn from the relevant rules that are suitable for China's national conditions.Finally,it proposes to improve the relevant legal suggestions for the conclusion of labor contracts with no fixed term.For example,it is necessary to change the narrow welfare concept that people have always thought about,adjust the specific application scope of the contract,and agree on the termination clause when the contract is concluded Therefore,the conclusion of the labor contract with no fixed term can better promote the win-win situation of both employers and employees,and better maintain the social and economic harmony and stability.In labor relations,the appearance of tilt protection is determined by the combination of labor law and private law,and is inevitable.However,excessive tilt protection can easily cause the interests of both parties to be unbalanced and cause labor disputes.Therefore,it is necessary to grasp the appropriate degree in legislation,take into account the interests of both parties,and play the role of balancing leverage.Only in this way can our country's unfixed-term labor contract system be applied to the maximum extent and give full play to its due effects,thereby better supporting China's economic development.