试析无固定期限劳动合同的利与弊

The Advantages and Disadvantages of Non-Fixed Term Labor Contract

无固定期限劳动合同是劳资双方关注的一大焦点。一方面,劳动者把无固定期限劳动合同视为"护身符"和"定心丸",渴望与用人单位签订无固定期限劳动合同;另一方面,用人单位则将其当成"紧箍咒"和"绊脚石",想方设法回避签订无固定期限劳动合同的法律义务。笔者认为双方的观点都有一定的合理性,但也都具有一定的片面性。本文就劳动者和用人单位两个层面,对无固定期限劳动合同的利与弊分别进行了具体的分析,并提出了双方克服相应弊端的初步思路。

Non- fixed term employment contracts receive numerous attentions from employees and employers. On the one side, employees look non - fixed term employment contracts as their shelters; on the other side, employers headache for non- fixed term employment contracts and try their best to escape from them. The author thinks their opinions on non- fixed term employment contracts are partly reasonable and partial. This article rationally analyzes the advantages and disadvantages of non -fixed term employment contracts to employees and employers. Meanwhile, The author suggests the basic way to solve the disadvantages of non- fixed term employment contracts for employees and employers.