Jurisprudential Thinking On Compulsory Renewal System Of Labor Contract

The compulsory renewal system stipulated in Article 14 of Labor Contract Law refers to the provisions that force the employing unit to renew the labor contract with the laborer on the premise that the laborer proposes to renew the labor contract with the indefinite term.The original intention of the legislation is to ensure that workers can only get long-term stable jobs and maintain the stability of labor relations.However,this system is strongly resisted by employers in practice and they adopt various means to evade the compulsory renewal system,because of which,the system can only safeguard legitimate rights and interests of laborers in form.The non-fixed term labor contract system has its rationality and necessity.This paper aims to find reasons for the system’s failure in implementation and then find appropriate improvement scheme.In order to solve the problem that the employers avoid the problem of compulsory renewal,this paper,by considering court’s different recognition and understanding of the compulsory renewal system in judicial practice and referring to relevant provisions of American freedom of employment system,Germany’s strict employment system and Japan’s lifetime employment system on concluding,rescinding or rescinding labor contracts,analyzes the relationship between autonomy and control of labor contract,welfare state and corporate social responsibility from the perspective of jurisprudence so as to find effective enlightenment to perfect the system of compulsory renewal of China.Finally,based on above analysis and research,this paper also puts forward some suggestions to perfect the system of non-fixed term labor contract of compulsory renewal in China,including the adjustment of the "compulsory" renewal of labor contract,the perfection of laws and regulations,the interpretation and application of the compulsory renewal of labor contract and the establishment of the supporting system of employers and other aspects.