Research On The Perfection Of Unfixed Term Employment Contract System In China

Non-fixed term labor contract protects the employment rights and interests of workers,so the system of non-fixed term labor contract plays a very important role in the labor law system.On the one hand,the focus of the discussion of industrial relations in the theoretical circle is to maintain the balance of industrial relations,but we should not only pay attention to workers,but also pay attention to the legitimate interests of employers.On the other hand,in order to change the shortterm employment phenomenon of employers,legislators expand the scope of nonfixed term labor contracts,so as to achieve more stable labor relations and protect the legitimate rights and interests of workers.Since the implementation of the Labor Contract Law,the system of open-ended labor contracts has been strengthened on the basis of the Labor Law.With the implementation of this system,the non-fixed term labor contract system has become the most controversial system in the Labor contract law.Although the "Labor Contract Law implementation Regulations" has done some refinement,but has not effectively solved the fundamental problem.Article 14 of the Labor Contract Law gives clear instructions on when and under what circumstances a labor contract needs to be signed.However,due to the lack of relevant explanations and too many restrictions,these provisions are likely to be superficial and cannot effectively constrain employers to terminate their labor contracts at will.In our country,the conditions of the employer are too harsh,and the kinds of employers are not differentiated.Therefore,we can refer to the experience of Germany,in constructing our legal system,we should pay attention to the discrimination of employers and apply the theory of reasonable discharge conditions.Through case analysis,comparative analysis and literature analysis,this paper discusses the labor contract with no fixed term.This paper focuses on the judicial application of non-fixed term labor contract system and its problems,and analyzes the legislation of non-fixed term labor contract overseas,so as to get reference to our system of non-fixed term labor contract.Finally,the author puts forward some suggestions for improvement from the aspects of unilateral rescission right,rescission procedure,rescission condition and so on.