论文部分内容阅读
劳动合同要式化, 是一个被一再强调的立法诉求,许多善良人士均将劳动合同的要式化当作维护劳动者合法权益的灵丹妙药。然而,劳动关系是一种典型的继续性关系,是一种不断运动、发展的关系,同时这种关系又具有人身从属性的特征,试图通过劳动合同要式化这一途径来消解其中的不平等因素所带来的不利影响,无异于缘木求鱼。相反,将劳动合同的要式化强调到不恰当的地步,可能还会对劳动者的正当利益带来负面影响。要防止因劳动者的“弱”带来的不利影响,更多地应当考虑完善工会的维权机制,强化集体谈判机制来改善劳动者的地位,在科学、合理的劳动基准的基础上,通过集体合同,实现劳动者群体的最大利益诉求。
The formalization of labor contracts is one of the legislative demands repeatedly emphasized. Many good people regard the formalization of labor contracts as the miraculous cure for safeguarding the legitimate rights and interests of workers. However, the labor relationship is a typical continuous relationship, a continuously moving and developing relationship, and at the same time, the relationship has the characteristics of personal subordination. It tries to resolve the problem through the method of formalizing the labor contract The adverse effects of equality are tantamount to seeking truth from facts. On the contrary, the emphasis on the formalization of labor contracts to an inappropriate extent may also have a negative impact on the legitimate interests of workers. To prevent adverse effects caused by the “weakness” of workers, we should give more consideration to improving the mechanism of safeguarding the rights of trade unions, strengthening collective bargaining mechanisms to improve the status of laborers, and on the basis of scientific and reasonable labor standards, Contract, to achieve the maximum interest of workers groups demands.