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商业的繁荣发达,使得利益冲突不仅是公司法上的重要问题,对劳动法而言也愈发重要。劳动法规制利益冲突行为的法理基础在于劳动者的忠实义务。然而,中国劳动法在劳动者的忠实义务体系和利益冲突规则方面都呈现立法空白缺失和司法力不从心的状态。忠实义务的肯认与利益冲突规制的构建是寻求劳资利益平衡、促进和谐劳动关系的制度基点,也是未来中国劳动法修正的重要内容。对此,需要秉持劳动法的基本宗旨与立场,立足中国法语境与现实,借鉴各国经验,在立法上确立劳动者的忠实义务和劳动合同中诚信原则的基本原则地位,进而细致构造规制利益冲突行为的具体规范。
The prosperity of commerce has made conflicts of interest not only an important issue in corporate law, but also an increasingly important one for labor law. The legal basis of conflicts of interest in labor laws and regulations lies in the laborers’ loyalty obligations. However, the labor law of China all shows the absence of legislation and the lack of judicial power in the labor loyalty system and conflict of interest rules. The recognition of loyalty obligations and the establishment of the conflict of interest rules are the basic points of the system for seeking the balance of labor and capital interests and promoting the harmonious labor relations and also an important part of the amendment of China’s labor law in the future. In this regard, it is necessary to uphold the basic purposes and position of the Labor Law. Based on the Chinese-French context and reality, learn from the experience of other countries, and establish the basic principles and positions of laborers’ faithful obligations and the principle of good faith in labor contracts in legislation so as to construct the regulatory interests Specific norms of conflict behavior.