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当前,由于有部分用人单位法律意识淡薄,认为与职工签订劳动合同辞退职工不方便,还得替职工交纳社会保险,将来打起官司留有证据会造成被动等等;也有的劳动者错误认为签订劳动合同只不过形式而已,而未将其视为自己的合法权益保障。因此,产生了只有事实劳动关系,而没有劳动合同关系的情况,这种情况应引起足够的重视。用人单位和劳动者双方的权利和义务没有明确化,于是便具有诸多不稳定因素,致使用人单位、劳动者双方权益得不到有效保护,当发生劳动纠纷时,又因缺芝足够的证据,而使纠纷解决非常困难。根据《劳动法》第16条规定:“劳动合同是劳动者与用人单位确定劳动关系、明确双方权利和义务的协议。建立劳动关系应当订立劳动合同。”事实劳动关系是与法律规定不相符合的。为消除事实劳动关系给社会秩序带来的负面影响,切实维护劳动者的合法权益,原劳动部关于印发《关于贯彻执行<中华人民共和国劳动法>若干问题的意见》(劳部发[1995]309号)第17条规定,形成事实劳动关系的用人单位和劳动者应当依法签订劳动合同,对用人单位以种种借口故意拖延或拒不签订劳动
At present, due to the weak legal awareness of some employers, they think it inconvenient to sign a labor contract with workers and staff, and have to pay social insurance for their employees, leaving evidence in the future to be passive and so on. Some workers mistakenly believe signing The labor contract is only a mere formality, but not regarded as its own legal rights and interests protection. Therefore, there is a situation where there is only factual labor relation but no labor contractual relationship, and this situation deserves enough attention. The rights and obligations of both the employer and the employee are not clarified. As a result, they have many unstable factors, resulting in the failure to effectively protect the rights and interests of both the employer and the employee. In the event of a labor dispute, due to lack of sufficient evidence , Making dispute resolution very difficult. According to Article 16 of the Labor Law, “Labor contracts are agreements between laborers and employers to determine labor relations and to clarify the rights and obligations of both parties.” The establishment of labor relations should conclude a labor contract. “Factual labor relations are not regulated by law In line. In order to eliminate the negative impact of factual labor relations on social order and earnestly safeguard the legitimate rights and interests of workers, the former Ministry of Labor issued Opinions on Some Issues Concerning the Implementation of the ”Labor Law of the People's Republic of China" (Laibufa [1995] 309) Article 17 stipulates that the employing units and laborers who form the de facto labor relation shall sign the labor contract in accordance with the law, deliberately delay or refuse to sign the labor contract with the employing unit on various excuses