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认知心理学和行为经济学的研究表明,劳工并不按照经济理性人的逻辑行事,而是与大多数人并无二致;在劳动法的一系列基本问题上,需要纠正基于新古典经济学的主流观点。劳动法有四大进路:①可放弃的雇主权利;②可放弃的劳工权利;③不可放弃的劳工权利;④可放弃但弃权受限的劳工权利。在很多情形下,法律都应当将权利赋予雇员而非雇主,但是应当允许弃权,从而避免不可放弃的权利的僵硬性,并确保雇主将关键信息提供给劳工。在行为主义视角下,当前法律在某些方面隐含着合理性。
Studies of cognitive psychology and behavioral economics show that labor does not act in accordance with the logic of economic rational people, but with the majority of people are no different; on a series of basic issues of labor law, the need to correct the neoclassical economy Learn the mainstream point of view. Labor law has four major approaches: ① employer rights that can be abandoned; ② labor rights that can be abandoned; ③ labor rights that can not be abandoned; ④ labor rights that can be waived but are abstained from voting. In many cases, the law should empower employees rather than employers, but abstain should be allowed in order to avoid the rigidity of non-renounceable rights and to ensure that employers provide critical information to workers. In the view of behaviorism, the current law implies rationality in some aspects.