对于《劳动合同法》草案的一个重要的分歧,就是绝大多数人赞同草案第一条“保护劳动者的合法权益”的基本原则,但也有意见认为,劳动合同法应当遵循双方平等协商的原则,平等地保护劳动者和用人单位的合法权益。这一问题关系到《劳动合同法》的立法宗旨,意义重大,必须予以澄清。笔者以为, 《劳动合同法》必须向劳动者倾斜。 An important disagreement over the draft Labor Contract Law is that the overwhelming majority agree with the basic principle of “protecting the lawful rights and interests of workers” in Article 1 of the draft. However, there are also some suggestions that the labor contract law should follow the principle of equal consultation between the two parties , Equal to protect the legitimate rights and interests of employers and employers. This issue is related to the legislative purpose of the Labor Contract Law. It is of great significance and must be clarified. I think, “Labor Contract Law” must be inclined to workers.