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Studies on No Flexible-term Labor Contract

Author: XiaJiao
Tutor: LuDaiFu
School: Southwest University of Political Science
Course: Economic Law
Keywords: The labor law The labor contract law No fixed-term labor contract
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 633
Quote: 0
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Abstract


The labor contract system is a comprehensive set of norms of the labor contract performance, the labor contract modification, the labor contract disarmament, the labor contract termination, etc. In a market economy, the labor contract system is the coordination of the basic system of labor relations. No fixed-term labor contract is an important type of labor contract, and it is related to the practical benefits of the workers and employers, it also has impact on the stability and harmony of the labor relations. In 2008, "the labor contract law" and "the regulations for the implementation of the labor contract law begin to run, which is for some lack of legal provisions, generally lagging behind, as well as short-term labor contracts resulting from the imbalance between the interests of both sides of the employers and workers in real life. Through the improvement of no-fixed term labor contract system, the labor contract increases the protection to workers, which reflects the progress of legislation.At present, in China, the research for no fixed-term labor contract is mostly in the "labor contract law" and "regulations for the implementation of the labor contract law" before the promulgation of the formation; these results mainly to "labor Law" and "labor contract law (Draft)" for the study sample, and lack of systematic research.This article is based on the new labor contract law and makes some suggestions to perfect our labor law.There are six parts in this article, excluding the preface and the conclusion.PartⅠintroduces the basic problem of the no fixed-term labor contract. It mainly introduce the definition and the value of the no fixed-term labor contract at first, in order to clarify the misunderstanding of the no fixed-term labor contract.PartⅡis mainly about the application of the no fixed-term labor contract. This part is based on the study of the application of the no fixed-term labor contract in the other parts of the world, then makes some suggestions.PartⅢfocuse on the establishment of the no fixed-term labor contract, which mainly introduce the forms of the no fixed-term labor contract. Then analyses the progressive of labor contract law to deal with fact laborPartⅣmainly introduces the modification of the no fixed-term labor contract. Not only it analyses the provision of the modification the no fixed-term labor contract in our law, but also points out that the defect of the no fixed-term labor contract, then makes some suggestions.PartⅤis the lifting of the no fixed-term labor contract. It is based on the comparison of the provisions in the labor law and the labor contract law, then analyses the right of unilateral termination of workers and employers. And the latter is the focus of this part.PartⅥis the termination of the no fixed-term labor contract. It particularly introduces the conditions of the termination of the no fixed-term labor contract and the obligations of the parties of the contract after the termination.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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