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《劳动法》颁布实施五年来,德州市各级劳动保障部门在各级党委、政府领导下,认真贯彻落实,切实维护了劳动者合法权益,加快了经济发展,保持了社会稳定.《劳动法》的贯彻实施虽然取得一定的成效,但仍存有不少问题,主要有: ——劳动合同不细致、不规范。由于《劳动合同法》尚未出台,规范劳动合同制度仅依据《劳动法》的原则条款和几个部颁规章、政策性复函,以致劳动合同的内容不具体,涵盖范围不全面;一些地方规范性文件对这些方面的规定不衔接、不协调;不少企业特别是改制企业,还没有建立起与劳动合同制度相适应的劳动管理制度,使劳动合同与企业职工管理脱节,特别是对下岗职工和“两不找”人员合同变更、解除、终止缺少法律程序;部分外商投资企业、乡镇企业和大多数个体私营企业没有实行劳动合同制度,其职工的合法权益还没有通过合同形式给予保障。
In the five years since the promulgation and implementation of the Labor Law, the labor and social security departments at all levels in Dezhou have conscientiously implemented and effectively protected the lawful rights and interests of laborers, accelerated their economic development and maintained social stability under the leadership of party committees and governments at all levels. Although some achievements have been made, many problems still exist. The main ones are as follows: - Labor contracts are not meticulous nor regulated. As the “Labor Contract Law” has not yet been promulgated, the normative labor contract system is based on the principle and provisions of the “Labor Law” and the policy reply of several ministries and commissions so that the contents of the labor contract are not specific and the scope of coverage is not comprehensive. Some local norms Sexual documents on these aspects of the provisions do not link, not coordinated; many enterprises, especially the restructuring of enterprises, has not established a system of labor contracts and labor management system, the labor contract and enterprise management staff out of line, especially for laid-off workers Some enterprises with foreign investment, township and village enterprises and most individual and private enterprises did not implement the labor contract system, and the legitimate rights and interests of their employees have not yet been guaranteed through contractual arrangements .