Perfecting China's Non-fixed Term Labor Contract

Non-fixed-term labor contract system is one of the important time limit system for Labor Contract Law .Since the Labor Contract Law has been introduced, people had not stop to dispute over the non-fixed-term labor contract. One of the tasks about non-fixed-term labor contract is to build a stable and harmonious labor relation, but the result was not satisfactory. The resistance of employer is wave upon wave, redundancies are continuous, and the worker has not been protected is injured first. Therefore, discovering the reasons why the non-fixed-term labor contract cannot reach the expected results, combining with our truth and learning from foreign experience to perfect the non-fixed-term labor contract,is an current urgent task and main research content.This article is divided into three chapters, the first chapter to clarify the relevant non-fixed-term labor contract of basic concepts and theoretical issues. Non-fixed-term labor contract is not agreed upon a specific date of termination. It is a fact that it not only to provide a degree of protection to both parties, while it retain a certain margin of action. It is not fixed work system that is can enter but not out in planned economy , not "iron rice bowl", it can be discharged and terminated. Non-fixed-term labor contract can configure labor force the reasonable flowing, adapt to the global economy developing and build the harmony working relationship.In the second chapter of the article describes France, Japan, the United States, Switzerland, the typical four countries'regulation of the non-fixed-term labor contract and the revelation to China. In this country non-fixed-term labor contract are normal, fixed-term labor contract is only a supplement. The termination and fire protection system of non-fixed-term labor contract is very perfection and it is worth to learning.In the third chapter of the article discussed the problem of non-fixed-term labor contract in The Labor Contract Law and improve non-fixed-term labor contract. The purpose of Labor Contract Law is that protect workers'right. It make a great progress in perfecting the non-fixed-term labor contract, but it has to face the new problem. The article analyzes the problem of concluding and terminating non-fixed-term labor contract. And give advice to solving the problem. I hope my idea can throw a sprat to catch a herring.