On Application and Improvement of Non-fixed Term Employment Contract
|School||East China University of Political Science|
|Keywords||employment contract non-fixed term application improvement|
Non-fixed term employment contract system is one important part of China Labor Contract System. The purpose of non-fixed term employment contract system is to make it sure that the employee have one relatively steady job, and the employer have one steady employee team. Since the employee have decent jobs and have no need to worry too much about losing jobs, their creativity and enthusiasm will be aroused. That will make the whole society full of energy.PRC Labor Contract Law broadened the scope of application of non-fixed term employment contract, and enhanced the law enforcement, which would have developed in a new way. However, three years after the law was roughs into effect, not only the situation of signing non-fixed term employment contract is not satisfying, but the prescriptions relative to the Law have much problems, such as less details, ambiguity, and logic confusion over the clauses. Hence, it’s necessary for us to reach a consensus on how to apply non-fixed term employment contract system in practice. Thus, there is a chance that the rate of signing the labor contract will rise, which bring the mutual benefit to the employer and the employee. There is no doubt that the higher rate will promote the harmony of labor relationship in our society.This dissertation studies non-fixed term employment contract based on the existing theories from the perspective of law theory, which is also combined with my working experiences. Furthermore, I present ideas on disputed prescriptions and make some recommendations, which I hope will be helpful to the application and improvement of non-fixed term employment contract system in the future.This dissertation has four chapters. As follows is abstract of each chapter:In chapter one, I analyzed non-fixed term employment contract system from views of history, interpretation of provision, purpose of legislation. In interpretation of provision part, I discussed the conditions of signing non-fixed term employment contract from the entirely new view of division and classification, to lay the foundation of jurisprudence for the study of practical problems on non-fixed term employment contract in the coming chapters.In chapter two, I applied forced contracting theory to the study of mandatory provisions of signing non-fixed term employment contract. Then, I analyzed the procedure of mandatory provisions of signing non-fixed term employment contract from expects of proposing offers, determining rights and obligations and so on. At the end of this chapter, I also put forward my point of view.In chapter three, I analyzed four types of application elements of signing non-fixed term employment contracts to clarify misunderstanding in practice, which are ten years of continuous work, restructuring corporate carrying out labor contracts, signing fixed-term labor contracts twice in a row, and situations treated as signing non-fixed term employment contract. I also pointed out the logical errors in the law provision, which is signing non-fixed term employment contracts when restructuring corporate carry out labor contracts.In chapter four, on the basis of analyzing status quo and reasons of non-fixed term employment contract system, I offered several suggestions on improving the system, including refining the terms and procedures of signing contracts, adjusting the conditions of dissolution of contracts, enlarging the coverage and establishing the changing system of non-fixed term employment contract.