无固定期限劳动合同的一个疑难问题研究

A Study on a Knotty Issue of Open-ended Employment Contract

《劳动合同法》把"连续两次订立固定期限劳动合同,续订劳动合同的"作为劳动者要求与用人单位签订无固定期限劳动合同的条件之一,学者对此多有误读,必须予以纠正;此项法律规定本身也不完善,建议修改为"连续三次订立固定期限劳动合同的"。

Employment Contract Law stipulates the situation of ＂prior to the renewal,a fixed-term employment contract was concluded on two consecutive occasions＂ as one condition of concluding an open-ended employment contract.There are many mistaken comprehensions of this article,which should be corrected.In addition,the article itself is not perfect,so the author suggests that the condition should be amended to ＂prior to the renewal,a fixed-term employment contract was concluded on three consecutive occasions＂.