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劳动权的一项重要内容就是保障职业的稳定性,各国国内法对此作了严密的保护。国外保障职业稳定的具体法律制度包括劳动合同期限制度、解除制度以及劳动合同效力、中止和转让制度等。比较而言,我国目前劳动法对职业稳定的保护处于较低的水平。正在征求意见的《劳动合同法实施条例(草案)》中有关试用期、劳动合同解除条件和终止条件、劳动合同的中止、转让的规定尚需作必要的调整和修改。
An important part of the right to work is to guarantee the stability of the profession and the domestic laws of various countries have closely protected it. Specific foreign legal system to ensure the stability of the occupation, including the labor contract deadline system, the lifting of the system and the effectiveness of labor contracts, suspension and transfer system. In comparison, the current protection of occupational stability in our labor law is at a low level. The “Regulations for the Implementation of the Labor Contract Law” (Draft) which are being solicited opinions still need to be adjusted and modified as necessary for the probationary period, the termination and termination conditions of the labor contract and the suspension and transfer of the labor contract.