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Discuss the System of Labor Contract’s Term in China

Author: ZhangXing
Tutor: LiuJun
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: System of labor contract deadline No fixed term labor contract Fixed term labor contract Labor Contract Law Employment system
CLC: D922.52
Type: Master's thesis
Year: 2010
Downloads: 255
Quote: 0
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Abstract

Significant system of labor contract deadline, it directly determines the ability to achieve one country, workers of the right to life and the right to employment, as well as the level of professionalism of the workers, and social values ??and the role of the employment system of a country is closely related to, and thus the nation prosperity of far-reaching impact. The system of labor contract deadline is the cornerstone of the legal system of the labor contract and the logical starting point for all labor relations are commenced. Labor legislation in most countries in accordance with the labor contract expiration date different labor contract is divided into fixed-term labor contract without a fixed term labor contract. Labor contract without a fixed term stable labor relations, and to protect the legitimate rights and interests of laborers, and lower the unemployment rate has inherent advantages in foreign countries as well as Taiwan, China, non-fixed term labor contract are the dominant form of the employment system, fixed term labor contract in the applicable premise, signed a number of times, the longest period by the stringent restrictions can be applied only in the case of legal provisions. China's labor contract is divided into fixed-term labor contract without a fixed term labor contract, but our specific practices are contrary to most countries and regions. China since the labor contract system was introduced in 1986 onwards, and the drawbacks of labor mobility in the context of the era of permanent workers to be changed as soon as possible, to optimize the combination of workers and employers, and promote the development of productive forces, established a fixed-term labor contract system for basic mode of employment system; due to our long-term understanding of the term of the contract system of labor is not in place, the legal requirement is unreasonable, resulting in practice, the positioning of the fixed term labor contract deviation from this should be vulnerable labor the tilt protection contract was gradually reduced to a benefits and rewards of the contract, should not play. With the continuous improvement and development of China's market economy, the employment system of fixed-term labor contract system as the basic mode of defects gradually exposed to increasingly serious negative effects brought by the disorderly flow of labor to society, labor conflicts, upgrade, this the application of the system has been good coordination of the interests of both labor relations, is not conducive to maintaining the stability and harmony of the labor relations. January 1, 2008, the \To achieve this goal, the Act established the basic model without a fixed term labor contract system of employment system, hoping to solve the problem of China's labor market long-term presence of short-term labor contracts and no fixed term labor contract blur serious to achieve rational and orderly flow of labor. Unfortunately, due to the lack of legislative technique, as well as the interests of the parties competing for the contest and compromise, and many other factors, the final introduction of the \solve the existing problems in China. This paper is divided into four parts. The first part analyzes the theoretical basis of the system of labor contract deadline. First, the concept and type of labor contract period; Second, Germany, France, Japan and China's Taiwan region constraint labor contract term legislative mode by comparing two different labor contract with the United States of laissez-faire style term legislative models legislative model to analyze China's labor contract deadline should be adopted legislative mode. The second part is to analyze for clues to the employment system changes after the founding of New China four stages of the evolution of the labor contract term system, and at each stage of the historical environment, and its advantages and disadvantages of the employment system and change The reasons were explained. Progress with the missing third part of China's Labor Contract Law \The fourth part of the actual situation of China's labor market, a number of legislative proposals for the perfection of the labor contract deadline, and hope to establish the dominance of the non-fixed term labor contract, to limit the application of the fixed term labor contract directly from the front to ease labor conflicts , stable employment, and promote the sustained and healthy economic development, and ultimately achieve the goal of building a harmonious and stable labor relations.

Discuss the System of Labor Contract’s Term in China

Abstract

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