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自1995年1月1日《劳动法》实施以来,劳动合同就成为劳动者与用人单位确立劳动关系,明确双方权利义务的书面协议。签订劳动合同的目的是为了确定合同双方之间的劳动关系,而劳动合同的内容在于明确双方在劳动关系的权利与义务和违反合同的责任。但是在实践中,由于劳动合同的当事人不能依法正确行使其合同解除权,致使劳动合同纠纷不断,与此同时当事人的合法权益也不能得到充分的保护。
Since the “Labor Law” was implemented on January 1, 1995, the labor contract has become a written agreement between the laborer and the employer to establish the labor relationship and clarify the rights and obligations of both parties. The purpose of signing a labor contract is to determine the labor relationship between the two parties, and the content of the labor contract is to clarify the rights and obligations of both parties in the labor relation and the responsibility of breach of contract. However, in practice, the parties to a labor contract can not correctly exercise their right of contractual termination according to law, resulting in continuous disputes over labor contracts. At the same time, the legitimate rights and interests of the parties concerned can not be fully protected.