The Legal Study On The Term Of Labor Contract

Labor contract is reflection of the importance of harmonious labor indicators as the essential provisions of labor contract. It is a barometer of the national labor market conditions, reflecting status and value of laborers in the labor process. It is important system of the labor contract law. People at all levels of society always focus on the discussion of the term of labor contract.Labor Law had been promulgated in the January 1,1995. But its design is more extensive, and the understanding of the term of labor contract is not yet comprehensive. It resulted in widespread phenomenon that "the term of the contract is shorter, no-fixed term labor contract is more and more difficult to realize". It greatly affected the stability of labor relations and the steadily of the development of economy. In the January 1st,2008, Labor Contract Law had been put into effect formally. "Labor Contract Law", as a law of stabilizing labor relations and standardizing labor contract, has been taken seriously because of its close correlation with the interests of workers.For the legislators, the "Labor Contract Law" as a trial from the first instance to four experienced a nearly 3-year new law, its "born" can't be "start" can be easily summarized. For the process of legislation, its born would be the end of a process, and for the purposes of the law, it was just the beginning of execution. Many scholars have begun to recognize the importance of labor contract system, and tried to put forward ideas and legislative proposals. Undeniably, these findings have entered the mature stage of theoretical research, scholars have become more mature to grasp the rules and features of labor contract system at the theoretical level. They have made possible a clear, specific, and detailed operational point of view. But the research of this phase has not yet to study labor contract system into the depth.In the comparing perspective method, my thesis proposed by the labor contract period of Representing View of research to sort out, study labor contract term system in the basic theory on analysis of existing status of implementation of existing legislation and practical problems of china, seizing the labor contract system of the problem with comprehensive literature analysis and legal logic, inductive, deductive method. Compatible and absorb various words, scientific and objective evaluation as well as a deep reflection based on the duration of the labor contract system in China was a trial, innovative research, and proposed labor contract system, mode selection, principles and specific system design.