中国和瑞典劳动合同期限的比较研究

Comparative Study on the Term of Labour Contract between China and Sweden

在劳动关系中,劳动合同期限反映了一个国家劳动力市场状况和劳动关系基本现状,体现劳动者在劳动过程中的主体地位和社会价值。我国劳动立法对劳动合同期限的笼统规定不利于建立稳定的劳动关系,不利于培养熟练技术工人阶层,进而影响我国产业发展和社会稳定。短期劳动合同的弊端日见凸现,劳动合同期限已成为劳动合同立法的焦点问题。通过与劳动关系比较稳定的瑞典劳动合同比较研究,提出对我国现行劳动合同期限的完善和建议。

In the labor relationship, the term of labour contract reflects labour relationship and situation of labor market in one country, the employee＇s right as the masters in labor rationship and their social value. The general legislation of labor contract term makes against building up stable labor relationship and training specialized workers, even influences social stabilization and industrial development. The disvantage of the short term of the labor contract appeared, and became the central issue of labor contract legislation. By contrasting with Sweden, which has stable labor relationship, the author puts for a proposal to make the term of contract perfect in China.