Abstract:
In theory and practice, there is a lot of controversy over labor contract legislation relating to non-fixed-term labor contract and the term of a labor contract. Based on comparative studies of legislation and practice in America, Germany, France, Japan, and China Taiwan, this paper proposes that labor contract term system in China should be constructed by giving priority to non-fixed-term contract, taking fixed-term contract as complements, stipulating the length of term and the scope of application for fixed-term contract, and forming a complete set by dismissal protection system and non-fixed-term contract.