Non-fixed Term Labor Contract Problem Research

On January1,2008,“Labor Contract Law” was put into implementation with theaim of protecting the lawful rights and interests of employees as well as building anddeveloping harmonious and stable labor relations. In order to achieve this goal, thelaw expands the scope of concluding non-fixed term labor contracts and makes theconclusion compulsory, hoping that this will solve the problems of short-term laborcontract and non-fixed term labor contract emptiness so that the non-fixed termcontract will become the main employment form to make long-term and stable laborrelations. However, because of the lack of legislative technique and underestimatingthe reality, the new regulations about the non-fixed term labor contract not onlyintensified the contradictions between employs and employees but also became LaborContract Law’s most concerned and controversial element at its early implementation.In the past two years, although the tensions over non-fixed term labor contract systemhave been gradually eased, the legislators’ hope that the system could protect therights and interests of laborers has not been realized. The root cause of it is that thenon-fixed term labor contract system embodies the unfairness of rights andobligations and doesn’t adapt to China’s national conditions and market environment.As an employee that has been working in human resources field in the enterprise for along time, I made some practical suggestions to improve the related system based onthe analysis of the differences between the non-fixed term labor contract system ofChina and that of other countries. I hope those will help the non-fixed term laborcontract system play a positive role on the social and economic development. Thispaper is divided into three parts: The first part is to analyze the defects of thenon-fixed term labor contract system and the society problems it faces; the secondpart is to compare the non-fixed term labor contract system and its implementation inChina and those in other countries; the third part is to make suggestions for improvingthe non-fixed term labor contract system of China.