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订立固定期限劳动合同的劳动者,劳动合同终止时,是否续订完全决定于用人单位,劳动者毫无稳定感可言。尤其对于劳动合同终止时年龄已经超过四十岁的劳动者来说,黄金年龄段已经过去,再就业难度很大。部分用人单位利用固定期限劳动合同到期即终止的特征,肆意利用劳动者的黄金年龄段,侵害了劳动者的权益。从就业保障的角度看,无固定期限劳动合同更有利于保护劳动者的权益。订立无固定期限劳动合同的劳动者就业更稳定,可以在用人单位作长期个人规划,发展自己,增长才干。用人单位拥有了一支稳定的技术熟练的职工队伍,对于提高劳动生产率、促进企业生产经营有积极的作用。因此,无固定期限劳动合同不但有利于劳动者的发展,也有利于用人单位发展,《劳动合同法》对“无固定期限”劳动合同做了比较详尽的规定。
If a laborer who has entered into a fixed-term labor contract expires, whether the contract is completely renewed or not depends on the employer and the worker has no sense of stability at all. Especially for those workers who have reached the age of 40 when the labor contract is terminated, the golden age is over and reemployment is very difficult. Some employers make use of the expiration of a fixed-term labor contract, that is, the arbitrary use of workers' prime-age band and infringe upon the rights and interests of laborers. From the perspective of employment security, a fixed-term labor contract is more conducive to protecting the rights and interests of workers. Laborers who have entered into fixed-term labor contracts have a more stable employment. They can make long-term personal plans and develop themselves and their talents in employers. The employing unit has a stable and skilled workforce, which has a positive effect on improving labor productivity and promoting enterprise production and management. Therefore, a fixed-term labor contract not only conducive to the development of workers, but also conducive to the development of employers, “Labor Contract Law” on “no fixed term ” labor contract made more detailed provisions.