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劳动合同是劳动者与用人单位确立劳动关系、明确双方权利和义务的协议。在劳动合同中,劳动者和用人单位是平等的合同主体,双方订立劳动合同应当平等、自愿、协商一致,并且劳动合同的内容不得违反法律和行政法规的规定。《中华人民共和国劳动法》(以下简称《劳动法》)和《山东省劳动合同条例》(以下简称《条例》)对劳动合同的内容进行了非常明确的规定,但由于一些用人单位和劳动者对此理解不深、不透,在实践中出现了一些适用法律法规不够准确的问题。笔者拟在对涉及劳动合同内容的法律法规条文进行释解的基础上,提出几点法律法规在适用中应注意的问题。
The labor contract is an agreement between the laborer and the employer to establish the labor relation and clarify the rights and obligations of both parties. In the labor contract, the laborer and the employer are equal subjects of the contract. The labor contract signed by both parties should be equal, voluntary and consensual, and the contents of the labor contract shall not violate the provisions of laws and administrative regulations. Labor Law of the People’s Republic of China (hereinafter referred to as “Labor Law”) and “Shandong Province Labor Contract Regulations” (hereinafter referred to as the “Regulations”) stipulate the contents of the labor contract very clearly. However, some employers and workers This understanding is not deep, impervious, in practice there have been some problems not applicable to laws and regulations. Based on the explanation of the laws and regulations concerning the contents of the labor contract, the author proposes several issues that should be noticed in the application of laws and regulations.