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《劳动合同法》已正式实施了两个多月,立法程序中激烈利益博弈的硝烟尚未散去,过渡期里又经历了华为万人“辞职”、沃尔玛突击裁员、泸州老窖劳务派遣纠纷等一系列事件。前不久,苏州工业园区人力资源中介协会又因劳务派遣被限期六个月紧急上书全国人大,而近期珠三角许多鞋厂倒闭,万余港企面临关闭潮,更多数量的中小企业计划迁离,《劳动合同法》更是被指责阻碍了中国经济的发展。有关争论一波未平一波又起。对于员工自己不愿意与用人单位签订劳动合同、员工自己不愿意办理社会保险等问题,用人单位该如何处理等一系列新情况的出现,人们一时也找不出一个准确的答案。有人据此认为,《劳动合同法》是一部过于“超前”的法律,脱离了现实国情和经济形势,过多地倾向于保护劳动者,而忽视了资方的利益,没有实现用人单位和劳动者的合作双赢,反而导致了用人单位和劳动者的对抗甚至恶化了劳动者的就业环境。法律对劳动力市场的过度管制将导致经济失去活力,其结果是不仅企业倒霉、劳动者倒霉,整个经济也跟着倒霉。似乎,《劳动合同法》惹了大祸。因此,在《劳动合同法实施细则》尚未出台之前,其争论便显得很正常,也很有必要。
“Labor Contract Law” has been officially implemented for more than two months, the fierce interests of the game in the legislative process of the smoke has not yet dispersed, the transitional period has gone through Huawei million “resignation”, Wal-Mart surprise layoffs, Luzhou Laojiao labor dispatch Dispute and a series of events. Not long ago, the Suzhou Industrial Park Human Resources Agency Association was dispatched six months deadline for labor dispatch NPC, and many shoe factories in the Pearl River Delta recently closed down, more than 10,000 Hong Kong enterprises are facing the closure tide, a larger number of small and medium enterprises planned to relocate , “Labor Contract Law” is even more accused of hindering the development of China's economy. The controversy has seen a wave of ups and downs. For employees do not want to sign employment contracts with employers, employees themselves do not want to apply for social insurance and other issues, how to deal with the employing unit and a series of new situations, people can not find an accurate answer for a moment. According to this, some people think that “Labor Contract Law” is a “too advanced” law that divorced itself from the actual conditions and economic situation and tended to protect workers with neglect of employers' interests, And win-win cooperation with workers, but led to the employer and laborer confrontation or even worsened the employment environment for workers. Over-regulation by the law on the labor market will lead to a loss of vitality. As a result, enterprises are not only unlucky, but workers are unlucky, and the economy as a whole is also unlucky. It seems that “Labor Contract Law” has brought disaster. Therefore, before the “Detailed Rules for the Implementation of the Labor Contract Law” have been promulgated, the controversy has become normal and necessary.