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《劳动合同法》这部被全体劳动者和用人单位期待的法律,自2005年12月草案第一次提交审议到2007年6月29日正式颁布,一直备受社会关注,历经四次审议修改,收到社会意见近20万条,其间观点争鸣、立场碰撞、法理思辨贯穿始终。《劳动合同法》所激发的民众对立法参与的热情、对各自利益诉求的表达、对立法的价值理念的思考等,都对我国立法工作具有深远的影响。《劳动合同法》的高票通过,表明国家、用人单位和劳动者三方站在不同角度和立场,通过劳动合同立法在不断的争议、思辩中最终形成了共同意志。而围绕着《劳动合同法》的各种争论和悬疑,也可以说基本上尘埃落定。那么,劳动合同制度在运行中存在哪些问题,而《劳动合同法》又设计了哪些制度,会给当事人的利益带来怎样的影响?这是本文要探讨的主旨。
The Law of Labor Contract Law, which is enacted by all workers and employers, was first submitted for consideration from December 2005 to June 29, 2007 and has been subject to public concern. It has been reviewed and revised four times , Received nearly 200,000 social opinions, during which points of view contend, the position of collision, jurisprudence throughout. The enthusiasm for legislative participation, the expression of their own interest demands and their consideration of the value concept of legislation inspired by the Labor Contract Law all have a profound impact on the legislative work in our country. The passage of the “Labor Contract Law” with a high number of votes shows that the state, the employing units and the laborers stand at different angles and positions, and finally, through the controversy and debate of the labor contract legislation, have formed a common will. The various controversies and suspense surrounding the “Labor Contract Law” can also be said to have basically come to an end. So, what are some problems in the operation of the labor contract system, and what kind of system should the “Labor Contract Law” have been designed to bring to the interests of the parties? This is the purpose of this article.