Reflections On The Improvement Of Non-fixed Term Labor Contract

As an important part of Labor Contract Law, non-fixed term labor contract play an important role in adjusting labor relations and safeguarding the legitimate rights and interests of workers, meantime it has positive in mobilizing the enthusiasm of workers and increasing the benefits of the employer. Abroad, as a normalized labor contract, non-fixed term labor contract can give a full play to its strengths and positive significance.Now in China, its signing rate of non-fixed term labor contract is relatively low, its advantages and positive effects can not be realized. The reason is that non-fixed term labor contract system of China has its disadvantages and deficiencies in the legislation. In this paper, based on the non-fixed term labor contract system of foreign countries, the problem of non-fixed term labor contract system to make, change and lift was sorted and analyzed and put forward my proposals and views on perfecting the non-fixed term labor contract system.This article is divided into four parts to start on.The main contents of the first part are the overview of non-fixed term labor contract system. Through discussing the meaning, feature and positive significance of non-fixed term labor contract, to illustrate the non-fixed term labor contract system is conducive to protecting the legal rights of workers also beneficial to employers to improve efficiency and long-term development.The second part is to analyze legislative defect of non-fixed term labor contract system in Labor Contract Law. Firstly, the author outlined the provisions on making, changing and lifting of non-fixed term labor contract system, then analyze legislative defect of non-fixed term labor contract system.The third part is to comment and evaluate on non-fixed term labor contract system of developed countries. Through simply sorting and evaluating on non-fixed term labor contract system of United States, France and Japan,showed that it would not work to completely copy the labor contract system of other country, as different countries with different national circumstances and cultural background.The fourth part is about the perfection of non-fixed term labor contract system of China With. The current status of China's labor market, put forward the proposal that making provisions of non-fixed term labor contract can be divided into two steps, and then put forward the proposals on perfection of changing provisions of non-fixed term labor contract system and the proposal on perfection of labor's unilateral lifting provisions of non-fixed term labor contract system.