关于劳动合同期限的若干问题

On Some Problems about the Term in the Labor Contract

劳动合同可分为固定期限劳动合同和无固定期限劳动合同以及以完成一定的工作期限的劳动合同。其中固定期限劳动合同和无固定期限劳动合同因为其性质不同 ,在许多方面存在差异。我国的劳动立法和实践却未对固定期限劳动合同和无固定期限劳动合同有相应明确具体的区分 ,这与世界许多国家的做法相悖。

The labor contracts can be divided into the labor contract of fixed term, the labor contract of unfixed term and the labor contract of term of accomplishment of certain work. Among them the contract of fixed term is different from the contract of unfixed term in many ways with their different qualities. But there is no specifically concrete differences adopted in China's labor laws and practice. The thesis expatiates the importance in the following four sides: 1. the limits of application of the two; 2. relief of the forenoticing application of the two; 3. the longest term and the continuance of the labor contract of fixed term; 4. the transformation of contract of fixed term to contract of unfixed term.