关于企业规避无固定期限劳动合同问题的案例分析-法律·经济法专业论文.docxVIP

兰州大学硕士学位论文 兰州大学硕士学位论文 关于企业规避无固定期限劳动合同问题的案例分析 ABSTRACT Before the enactment of”Labor Contract Law¨，the labor market in China there is a phenomenon of short—term labor contracts．Short-term labor contract caused by situation of the labor market supply exceeding demand and working wim employers on the”golden age”of the use of values．The phenomenon of short-term labor contracts there are many problems．To the end，in 2007 promulgated the”Labor Contract Law¨was introduced without a fixed term labor contract system．Use legal means to encourage and guide employers and workers USe without a fixed term labor contract．Public opinion holds that this system is to help maintain the stability of labor relations，help protect the lawful rights and interests of workers． However,in the¨Labor Contract Law”went into effect,Shenzhen Huawei Technology Co．，Ltd．to terminate the labor contract and then re—sign means a labor contract without a fixed term labor contracts to avoid the incident has happened before．The incident caused a strong vibration．Evade the law has been speculation on whether the conduct of business illegal，why the exclusion of business without a fixed term labor contract，and how the fights of workers can be effectively protected，the legal system and other issues how to improve a lively discussion． nlis article is divided into three chapters．Chapter Huawei event description： Huawei first introduced after the incident；second，the nature of the incident on the Huawei analysis；At last，what problems exia in the event of Huawei． The second chapter is analysis of the problems in Huawei incident：First，analyze the event of enterprise terminate the labor contract action is consistent、析tll the statutory conditions；Second，analysis of enterprises re—signed labor contracts call achieve the effect of circumventing the law；砸rd，on the incident terminate the labor contract due to corporate financial compensation arising analyzed；Finally,ana