固定期限劳动合同与无固定期限劳动合同的区别

Differences between Fixed-term Labor Contract and Unfixed-term Labor Contract

《劳动合同法》为保证劳动合同的长期化，强调了无固定期限劳动合同的制定，在广大的用人单位和劳动者

范围内引起了很大的震动。

To guarantee the implementation of the long-term-labor- contract system, the Labor Contract Law emphasizes on the conclusion of the unfixed-term labor contracts, which causes a great perplexity among

the employers and employees.

无固定期限劳动合同真的是洪水猛兽，真的那么可怕吗？

Is the unfixed-term labor contract really like a great scourge? Is it really so terrible?

本文希望通过固定期限劳动合同、无固定期限劳动合同的解除和终止条件和责任的比较，说明无固定期限劳动合同与固定期限劳动合同的差别，揭示无固定期限劳动合同的本质。

This text intends to explain the differences between the fixed-term labor contract and the unfixed-term labor contract, to reveal the nature of the unfixed-term labor contract through the comparison of the conditions and liabilities of premature termination and termination of the two kinds of the labor contracts.

1、用人单位解除劳动合同条件的差别

Differences of the Conditions for Prematurely Terminating the Labor Contract by the Employer

1.1用人单位解除固定期限劳动合同的条件

Conditions under which the Employer could Prematurely Terminate the Fixed-term Labor Contract

根据劳动合同法的规定，固定期限劳动合同下，劳动合同可因满足如下条件时被解除：The fixed-term labor contract may be prematurely terminated by the employer due to one of the

following conditions in accordance with the Labor Contract Law:

1.1.1用人单位与劳动者协商一致的；

The employer and worker make a mutual agreement upon premature termination;

1.1.2、用人单位因劳动者过错解除，包括:

The employer prematurely terminates the contract due to the default of the employee, including:

（a）劳动者在试用期间被证明不符合录用条件的；

It has been proved that the employee does not satisfy the recruitment requirements during the

probation period;

（b）劳动者严重违反用人单位的规章制度的；

The employee is in serious violation of the bylaws of the employer;

（c）劳动者严重失职，营私舞弊，给用人单位造成重大损害的；

The worker causes severe damage to the employer due to his grave negligence to his duties or seeking

private benefits;

（d）劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单

位提出，拒不改正的；

The employee establishes labor relationship with other employer at the same time, which may cause serious negative influence on the fulfillment of his works designated by the employer, or the employee refuses to make a correction after the employer has required him to quit the other labor relation with

other employer;

（e）劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思情况下订立或者变更劳动合

同，致使劳动合同无效的；

The labor contract is invalidated because it is concluded or amended under the fraud, menace from the employee or under the employer’s precarious position of which the employee take the

advantage, which is contrary to the employer’s true will.

（f）劳动者被依法追究刑事责任的。

The employee is prosecuted for the criminal liabilities.

1.1.3、用人单位因法定原因解除，包括：

The employer prematurely terminates the contract due to the legal causes, including: