Research On The Legal System Of Labor Contracts With No Fixed Term In My Country

Non-fixed term labor contract is to point to unit of choose and employ persons and laborer contracts signed type belongs to a contract without specific end time of a labor contract,the system is not only beneficial to protect workers' occupational safety,to maintain stable internal structure,more conducive to the development of the harmonious and stable relationship between labor and capital.Article from the basic theory of non-fixed term labor contract system,this paper expounds the legislative background of the system,the concept,characteristics,applicable scope and the system of the laborer's employment shall enjoy the rights and interests and future career planning security,can to unit of choose and employ persons in the medium to high quality and stable development of market economy,and build a harmonious labor both sides between the main body is of great significance and profound value.Second,the analysis of the system development present situation and existing problems in the judicial practice,this also is the core content of the article,these problems are: the meaning of "continuous" in law calculation standard fuzzy not clear,forced the non-fixed term labor contract,the terms of reference of how to further apply and interpretation caused certain theoretical controversy,and at the same time there is too narrow,the applicable scope of the labor contract legal postpone for inadequate,the terms of the unit of choose and employ persons removes applicable conditions limit too high.The third part of the article is to introduce the development and improvement of the system in other countries and the detailed provisions on the legislation of the system in other countries.Combined with the current development situation of our country,we can learn from the useful experience and get some enlightenment on how to improve the provisions of the system in our country.Also aiming at the problems existing in the legal system of non-fixed term labor contract,put forward: clarify the meaning of "continuous" and calculation standards,perfect "forced to conclude" rule of law,expanding the applicable scope of the non-fixed term labor contract,to perfect legal postpone for a modest loosening restriction on unit of choose and employ persons shall enjoy the right of termination of the contract the recommendations.