劳动合同法颁布实施七年来,改革不断深化,市场经济发展进入新常态。随着各类新型劳动争议案件的不断涌现,劳动争议审判面临着新情势、新问题与新挑战。近期在福建省厦门市中级人民法院采访时获悉,该院近两年来审结的劳动争议案件类型多样,但用人单位败诉的比例依然很高。如何促进用人单位依法合理用工,规避经营管理不善导致的用工风险,营造企业生存发展的良好用工环境,引导劳动者和用人单位理性维权?记者通过采访,请法官以案说法,指点迷津。 Since the promulgation and implementation of the Labor Contract Law over the past seven years, the reform has been deepening and the market economy has entered a new normal. With the continuous emergence of various types of new types of labor disputes, the labor dispute trial faces new situations, new problems and new challenges. In the recent interview with Xiamen Intermediate People’s Court in Fujian Province, it was learned that there are various types of labor dispute cases settled in the past two years in the hospital, but the proportion of cases in which the employer lost the case is still high. How to promote employers’ reasonable employment in accordance with the law, avoid employment risks caused by poor management, and create a good employment environment for the survival and development of enterprises, and guide laborers and employers to exercise their rights in a rational way? The reporter asked the judges to give explanations through case studies.