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作为确定用人单位和劳动者之间劳动关系的重要凭证,劳动合同是保障劳动者合法权益的主要法律依据。在劳动力市场供大于求、劳动用工很不规范而劳动执法监察又往往难以到位的现实环境下,劳动合同的立法引起了法学界和社会有关方面的高度关注。2005年10月21至23日,中国劳动法学研究会年会暨劳动合同立法理论研讨会在上海举办,来自劳动保障部门、工会、企联等部门机构的专家和全国30多所院校的劳动法学学者参加了会议。会议代表们就劳动合同立法的有关问题进行了广泛而深入的探讨。会议主要探讨了九个方面问题:劳动合同法的立法宗旨与原则、劳动关系与劳动合同的主体、劳动合同的效力、商业秘密与竞业限制、劳动合同的期限研究、解雇保护制度研究、劳动派遣的法律规制、非全日制就业的法律制度探讨、违反劳动合同的法律责任。
As an important evidence to determine the labor relationship between employers and workers, labor contracts are the main legal basis for safeguarding the legitimate rights and interests of laborers. Under the realistic environment where the labor market oversupply, labor and labor are not normative and labor law enforcement supervision is often difficult to put in place, the legislation of labor contract arouses great concern of the legal science community and relevant parties in society. From October 21 to 23, 2005, the annual seminar of China Labor Law Research Conference and the seminar on the theory of labor contract legislation were held in Shanghai. Experts from labor and social security departments, trade unions, enterprises and other departments and agencies and the work of more than 30 institutions in the country Law scholars attended the meeting. Meeting delegates on the labor contract legislation on a wide range of issues and in-depth discussion. The conference mainly discussed nine aspects: the purpose and principle of labor contract law, the main body of labor contract and labor contract, the effectiveness of labor contract, trade secrets and non-competition, the study of the term of labor contract, the study of dismissal protection system, labor Dispatch of the legal regulations, part-time employment of the legal system to explore the violation of labor contracts legal responsibility.