Legal Interpretation Of The Unfixed-term Labor Contract

As an important conception in Labor Contract Law, the unfixed-term labor contract is designed to protect employee which is disadvantaged groups. It plays an important role in protecting the legitimate rights and interests of employee and in establishing steady labor relations and in ensuring economic and social development. However, there are many problems in legal practice because of limitations in letters of the laws and complexity implicit in real life. There is a wide spectrum of opinions on setting and terminating the unfixed-term labor contract. In the legal hermeneutic view, this paper aims to analyze the letters of Labor Contract Law and resolve these problems.The paper makes full use of the theory of legal interpretation, including direct interpretation, teleological interpretation, systematic interpretation, historical interpretation. At the same time, according to the legislations of other countries, we can learn many advanced systems and methods which are fit for China's actual conditions. This thesis provides a detailed discusses regarding how to understand "Not agreed termination period" and "No termination of contract deadline" in the terms of setting the unfixed-term labor contract, and give an solution to the question" Not agreed to terminate the labor contract period is the unfixed-term labor contract?". The paper creatively comes to the conclusion that dispatch services contract can also apply to the unfixed-term labor contract through reading the labor relations between Services dispatch units and employee and the interpretation of "should", "Continuous", "To renew the labor contract". According to Labor Contract Law and Regulations for the Implementation of the labor contract law given details on terminating the unfixed-term labor contract, this paper analyzes the advantages and disadvantages of the several cases of terminating the unfixed-term labor contract, then provides foundation for the perfection of Labor Contract Law.Using the theory of legal interpretation in the design and implement of department laws is always the goal and direction of legal theorists. The paper considers legal interpretation of law theory and Labor Contract Law together, and applies pure theory to solve specific problems in reality. Thus, we can not only improve Chinese labor law basic theory research, but also give legal methods with vigor, and then basic theory is no longer being reproach castles in the air.