On Improvement of Non-fixed Term Labor Contract System—In the Perspective of Law Application

Liu Jinxiang ＆ Sun Jue

Abstract: The“labor contract law”which has been implemented since January 1,2008, exposed many problems in the legal application. Laborers and employers are in extremely unbalanced market position, laborers eager to sign non-fixed term labor contract and the employers try to avoid. This problem has highly received social attention. However, the first revision review of“labor contract law”in 2012 only made corresponding adjustment and the revision for dispatching, the high-profile non-fixed term labor contract system is not involved. Since 2008, the supreme people's court released“issues about the trial of labor dispute case applicable law explanation（3）”in 2010 and“issues about the trial of labor dispute case applicable law explanation（4）”in 2013, the two judicial interpretations also said nothing non-fixed term labor contract. This article analyzes the existing problems of legal application of the non-fixed term labor contract, attempts to put forward the path to solve the problem, in order to further improve the non-fixed term labor contract system, and better protect the legitimate rights and interests of workers.

Key words: Non-fixed Term Labor Contract; Application of Law; The Legislative Reference; System Improvement