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No fixed term labor contract legal effect of

Author: MeiYunXiao
Tutor: DongBaoHua
School: East China University of Political Science
Course: Legal
Keywords: non-fixed term labor contract legal effect balance of the rights and obligations the adaptability of the law to the society
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 241
Quote: 1
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Abstract

As China’s economic development and social progress, the labor market gradually changes from disorderly to specification, from single-handed by the government regulation to self-adjust according to the requirements of the market. More and more market factors emerge. The labors graduated from school find jobs in the market freely, different from the arrangement of the government previously. Various forms of labor contracts and all kinds of labor contract emerged one after another. "Labor Contract Law" is the introduction of market-oriented changes which is in responded to this rhythm occurs in order to guarantee the legitimate rights and interests of the workers . But the law did not play its desired effectively. On the contrary, from the time the bills issued to the implementation of the law, it brings great impact to the stable labor relations in the market. A large number of employers lay off, the unemployment rate suddenly increased. The reason is that many employers do not want to sign a non-fixed term labor contract which the workers to bring the enterprise a long-term burden.China’s labor contract can be divided into fixed-term labor contracts and non-fixed term labor contract in accordance with the time period. The non-fixed term labor contract was appeared as early as 1994’s labor law. However, the labor contract law made the expansion of application of the non-fixed term labor contract. Meanwhile it has been left the restriction standard of termination of the contract that made the enterprise panic. There will be four parts in this essay to analyze the non-fixed term labor contract’s legal effect. The first part elaborates the legal effect of the non-fixed term labor contract in the society specifically. The second part aims to analyze the reason which lead to such legal effect, including the legal defects of the non-fixed term labor contract, lacking of practical operation, and labor contract is not universally applicable. The third part is the improvement recommendations to the non-fixed term labor contract.As the non-fixed term labor contract is the main form of labor contract in the direction of world’s development of the labor contract. But based on the actual social situation of China’s current economic environment, the early implementation of the non-fixed term labor contract is not suitable. There has been a lot of adverse reactions and the dilemma of practical operation, highlighting unadoptable of the law to the market. Therefore, no n-fixed term labor contract will play its due role in economic development in the certain suitable environment and the promotion of its supporting system

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