我国建立市场经济体制,各类企业都有了用工自主权,为企业参与国内外市场竞争创造了有利条件。但市场经济条件下的企业用工自主应是在《劳动法》的框架内,既有利于企业,也有利于社会、不侵犯职工切身利益或合法权益为前提,绝不应是无法无天的随意行为。但是,当前有不少企事业单位为了自身利益,在用工上往往采取了一些违反劳 China has established a market economy system and all kinds of enterprises have the right to work and employment, creating favorable conditions for enterprises to participate in the domestic and international market competition. However, under the conditions of a market economy, employment of enterprises should be self-determination within the framework of the Labor Law, which is not only beneficial to enterprises but also conducive to the society, and should not be infringed upon the immediate interests or legitimate rights and interests of workers. However, at present there are many enterprises and institutions for their own interests, often taking some labor violations