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《劳动合同法》作为一部构建和发展和谐稳定劳动关系的重要法律,自2008年1月1日起施行以来,对于规范双方当事人的权利和义务,保护劳动者的合法权益,发挥了重要作用。但在建筑施工企业,《劳动合同法》的执行却不尽如人意:外来工不在意是否与企业签订劳动合同,只关心能否及时拿到工资;企业愿与外来工签订劳动合同,却又担心合同未到期外来工就已另去他处打工,损失无处弥补;出现拖欠外来工工资现象时,外来工不是按劳动合同依法讨回,而是直接到当地建筑业主管部门寻求帮助,甚至围堵政府或以死相胁……这让许多企业老总和地方主管部门领导伤透了脑筋。《劳动合同法》在建筑业内执行中遭遇了尴尬。
As an important law for the construction and development of harmonious and stable labor relations, the Labor Contract Law has played an important role in regulating the rights and obligations of both parties and protecting the legitimate rights and interests of workers since its implementation on January 1, 2008 . However, in the construction enterprises, the implementation of the “Labor Contract Law” is not satisfactory: migrant workers do not care whether to sign a labor contract with the enterprise or not, and only care about whether they can get the wages in time. Enterprises are willing to sign labor contracts with migrant workers, Worried that the contract has not expired migrant workers have been elsewhere to work elsewhere, the loss of nowhere to make up; the phenomenon of arrears of migrant workers in arrears, migrant workers not according to the law, according to the law, but directly to the local construction department for help, Even encircling the government or threatening to die ...... This has led many corporate CEOs and local authorities to scratch their brains. The Labor Contract Law was embarrassed in the construction industry.