无固定期限劳动合同法律问题探究

On Legal Problems in Non-fixed-term-limit Labor Contracts

《劳动合同法》为了解决劳动合同短期化问题,实现稳定和谐的社会关系,对无固定期限劳动合同作了规定。本研究从无固定期限劳动合同概念和价值出发,论述消除用人单位和劳动者对于无固定期限劳动合同的两个误解,即无固定期限劳动合同并非不能解除的"终身制"合同、劳动者工作满10年并非必须与用人单位协商签订无固定期限劳动合同,从法律风险防范方面给企业和劳动者双方提出建议,倡导用人单位和企业诚信交易,企业应依据法定程序制定完善员工考评制度,劳动者要学会运用签订无固定期限劳动合同权利,企业应增强证据意识。

＂The Law of Labour Contract＂makes regulations for non-fixed-time-limit labour contracts in order to resolve the problem of labour contracts being too short-term and realize social stability and harmony.Starting from the concept and significance of the non-fixed-term-limit labour contracts,this paper expounds the elimination of two misunderstandings, made by employment units and labourers, of non-fixed-term-limit contracts： the ＂lifelong tenure＂contract according to which a non-fixed-term-limit labour contract is not to be terminated and the regulation according to which a labourer who has been employed for well ten years may allow himself not to negotiate with an employment unit anout signing a non-fixed-term-limit labour contract with the employment unit.Suggestions are made for both businesses and labours with regard to being on guard against legal risks： employment units businesses are advocated to make honest deals; businesses should set up and perfect the employer-evaluating system according to law-stipulated procedures; labourers should learn to employ signing of non-fixed-term-limit labour contracts as a right while businesses should further strengthen their sense of evidence.