规避劳动合同法律现象之透析

随着《劳动合同法》的颁布实施,用人单位规避劳动合同法律现象愈演愈烈,对现行相关立法提出了挑战。用人单位规避劳动合同法律的行为多种多样,侵犯了劳动者的合法权益,且严重危害社会主义法制的顺利实施,因此其法律效力是无效的该现象产生的原因是多方面的。为了遏制并防范这一现象,应完善相关立法,提高用人单位的社会责任意识,加强执法力度,扩大劳动者维权途径。

An Analysis of the Phenomenon of Sidestepping the Labor Contract Law

Since the Labor Contract Law was promulgated,more and more employers have tried to sidestep the Labor Contract Law,which is a challenge to the legislation.The employers took different ways to sidestep the Labor Contract Law,which violated the legal rights of the employees and harmed seriously the smooth implementation of the socialist legal system;therefore,their legal effects are null and void.There are a variety of reasons which bring about the sidestepping of the Labor Contract Law.We should improve the relevant legislation,improve the employer’s awareness of social responsibility,strengthen the enforcement of laws and broaden the ways for the employees, to maintain their rights to control and prevent the sidestepping of the Labor Contract Law.