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现有劳动立法的缺陷,一是没有形成劳动法的基础体系。较完整的劳动法体系应该包括劳动基本法、劳动就业法、劳动合同法、职业培训法、工资法、社会保障法、劳动安全卫生法、劳动行政法、劳动监察法等等。这其中虽然有个别单项法规已经制定出来或正在制定,但距离建立劳动法体系的基本要求还有较大的差距。二是劳动立法带有片面性。过去,我国的劳动立法主要侧重于国有企业,改革开放以来虽有一定的改善,但仍偏重于前者。需要说明的是,在市场经济条件下,市场公平原则(这里指广义的市场)必须充分体现在我们的经济立法和劳动立
The defects of the existing labor legislation are that one does not form the basic system of labor law. A more complete system of labor law should include the Basic Labor Law, the Labor and Employment Law, the Labor Contract Law, the Vocational Training Law, the Wage Law, the Social Security Law, the Labor Safety and Health Law, the Labor Administration Law and the Labor Inspection Law. Although some individual laws and regulations have been formulated or are being formulated, there is still a long way to go before the basic requirements of the labor law system are established. Second, labor legislation is one-sided. In the past, our country’s labor legislation mainly focused on state-owned enterprises. Although some improvements have been made since the reform and opening up, it still lags behind the former. It should be noted that under market economy conditions, the principle of fair market (in this case, a broad market) must be fully embodied in our economic legislation and labor legislation