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    No Fixed Term Contract Is The "Scourge" Of An Enterprise?

    2008/1/19 16:00:00 41715

    Why is it so fearful for an enterprise to regard an unfixed term contract as a "scourge"?

    "Since we introduced the system of" no fixed term contract as the main form of employment "in Europe and the United States, we did not introduce the relatively free system of dismissal of their management. We still retained the strictest dismissal system in the world. Under such circumstances, when the enterprise's non fixed term contract became the main form of employment, employers had to face: some employees did not perform well, and indeed they failed to meet the degree of dismissal in accordance with the law. This part is not the employees needed by the enterprise, but also can not be fired.

    Xiao Shengfang, director of the labor law Specialized Committee of the two level Lawyers Association of Guangdong and Guangzhou, and lawyer of Guangdong Sheng Lun law firm, said the lawyer.



    "In the future implementation of the labor contract law, we have to reflect on and face problems."

    Xiao Shengfang suggested that the conditions for unilaterally dismissal of employing units should be appropriately reduced.

    After all, no fixed term labor contract will become the main form of employment in the future, which will have an impact on the vitality of enterprises.

    "In the conditions of dismissal laid down in the labor contract law, the employees who are seriously dereliction of duty and cause serious losses to the unit and are prosecuted for criminal liability will violate a very small number of extreme cases. The only practical significance is that they are not competent for the work, but this must first prove that the employees are not competent for the work, then pfer jobs or training, and prove that they are still not competent, and the cost is very high."

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    Social Security Is An Important Basis For "No Return To Service".

    Kong Xianghong, vice president of the Guangdong Provincial Federation of trade unions, said that for some employers, before the formal implementation of the labor contract law, the contract expires no longer with the old employees who are already full or 10 years old. Before the relevant supporting rules have been promulgated, the unions will be required to correct the units after receiving complaints, and when necessary, they will work together with the joint labor department. For some enterpri

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