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3月12日,作为我国第一部对劳动合同进行规范的法律草案《劳动合同法(草案)》正式向社会公布,征求意见,由此引发社会各界的持续关注。在一个多月的时间里,各种意见已达十几万份。有农民工在写给全国人大常委会的信件中说：“听说要制定劳动合同法,作为一个农民工感到非常高兴。希望劳动合同法的出台,能给广大劳动者带来福音,成为劳动者的天使和保护伞。”构建和谐劳动关系,是劳动合同立法必须承担的历史责任。这部法律的制订和实施不仅会为亿万劳动者提供维权“利剑”,同时也将对企业用人产生深远影响。1994年颁布的劳动法从理论上讲是规范劳动关系的基本制度和原则的基本法,它的立法宗旨就是向劳动者倾斜,劳动合同法也需要这样的精神和宗旨,它依然需要向劳动者倾斜。在当前资强劳弱和我国劳动力供大于求的情况下,用法律保障平等自愿协商签订劳动合同,或许会改变劳动关系实际不平等的状况,从而构建和谐的劳动关系。在五一国际劳动节到来之际,我们关注劳动合同法的立法进程,审视劳动合同签订的现状,聚焦最敏感的欠薪扣薪问题,其实质是关注劳动者的权利。
On March 12, as the first draft law regulating the labor contract in our country, the “Labor Contract Law (Draft)” was formally announced to the public for comments, and this has caused continuous concern from all walks of life. In more than a month, all kinds of opinions have reached more than 100,000. In a letter addressed to the NPC Standing Committee, some migrant workers said: “I am very much pleased to be working as a migrant worker to hear the promulgation of the Labor Contract Law. I hope that the promulgation of the Labor Contract Law will bring the gospel to the vast number of laborers and become labor Angel and umbrella. ”Building a harmonious labor relations is the historical responsibility that the labor contract legislation must shoulder. The formulation and implementation of this law will not only provide hundreds of millions of workers with the “sword” for safeguarding their rights but also will have a profound impact on the employment of enterprises. The labor law promulgated in 1994 is theoretically the basic law governing the basic system and principles of labor relations. Its legislative purpose is to incline workers. Labor contract law also needs such a spirit and purpose. It still needs to be tilted toward workers . Under the current situation of strong and weak labor force and oversupply of labor force in our country, the signing of labor contracts by law and equality and voluntary consultation may change the actual inequality of labor relations so as to establish a harmonious labor relationship. On the occasion of May Day International Labor Day, we are concerned about the legislative process of the Labor Contract Law, examining the current status of the labor contract and focusing on the most sensitive issue of wage deductions and waiver, in essence, we are concerned about the rights of workers.