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《劳动合同法》作为一部构建和谐稳定劳动关系的重要法律,自公布施行以来,在规范劳资双方当事人的权利和义务,保护劳动者合法权益,增强用人单位依法用工的意识,提高劳动合同签订率等方面发挥了重要作用,但也存在着一些亟待解决的问题,迫切需要出台实施细则。为此,《中华人民共和国劳动合同法实施条例》(以下简称《实施条例》)顺应各方面的需要出台了,它是《劳动合同法》的重要配套行政法规,对于进一步推进《劳动合同法》的贯彻实施,具有十分重要的作用。主要是有利于消除疑虑与分歧,统一各方面的思想认识,增强法律的可操作性。《实施条例》既坚持了《劳动合同法》确定的基本原则和基本制度,又对《劳动合同法》中规定比较原则的条款作了细化,对实践中遇到的一些具体问题作出了补充规定;既进一步体现了维护劳动者合法权益的立法宗旨,又注重实现劳动关系双方权利与义务的平衡,有利于进一步完善劳动合同法律制度体系,更好地帮助用人单位和劳动者全面准确地理解和执行《劳动合同法》。
As an important law for the construction of harmonious and stable labor relations, Labor Contract Law, since its promulgation and implementation, has strengthened the labor contracts by standardizing the rights and obligations of both employers and employees, protecting the legitimate rights and interests of laborers, and increasing the awareness of employing units according to law Rate and other aspects have played an important role, but there are also some problems to be solved, there is an urgent need to introduce implementation details. To this end, the “Regulations of the People's Republic of China on the Implementation of Labor Contract Law” (hereinafter referred to as “Implementation Regulations”) comply with the needs of all parties promulgated, it is “Labor Contract Law,” an important supporting administrative regulations for further promoting the “Labor Contract Law” Implementation, has a very important role. It is mainly conducive to eliminating doubts and differences, unifying the ideological understanding of all quarters and enhancing the operability of the law. The “Implementing Regulations” not only adhered to the basic principles and basic rules set forth in the “Labor Contract Law,” but also refined the provisions of the “Labor Contract Law” that set the principle of comparison and added some specific problems encountered in practice Not only further reflects the legislative purpose of safeguarding the legitimate rights and interests of laborers, but also pays attention to the balance of the rights and obligations of both parties in labor relations, which is conducive to further improving the legal system of labor contracts and helping employer and laborers better understand comprehensively and accurately And the implementation of the “Labor Contract Law.”