签订无固定期限劳动合同的法定顺延事由完善研究

Research on the Completion of the Legal Delay in the Signing of an Unfixed Term Labor Contract

法定顺延事由如病假产假,在10年连续工作时间内,可否纳入无固期合同中,在《劳动合同法》与相关法律中均无规定。结合案例分析无固期合同,由于医疗期未明确规定,出现同案不同判现象,司法裁判标准不统一,立法意图界定不清晰。基于此,提出完善建议,适用劳动部复函规定,完善相关配套法律法规,明确界定契约精神与法定保护,使企业生产经营活动得到保护,特等群体劳动者就业权也有了保障。

The fourteenth clause of the labor contract law stipulates the rule of non fixed term contract,but it is not stipulated in the relevant laws of the labor contract law if the statutory postponed causes such as sick leave and maternity leave can be included in the continuous ten year working time.This paper analyzes the defects are not clearly defined without medical fixed-term contract of similar cases,through the analysis mainly has the following disadvantages:first,different co contracting phenomenon;second,the judicial standard is not unified;third,legislative intent is not clearly defined.Based on this,the paper puts forward the following suggestions:first,the applicable provisions of the Ministry of labor reply;second,perfect the relevant laws and regulations;third,clearly define the spirit of contract and legal protection.Thus,the smooth progress of the production and operation of enterprises is guaranteed,and the employment rights of the workers of special groups are guaranteed.