对《劳动合同法》若干问题的思考

Reflections on Some Issues in "Labor Contract Law"

《劳动合同法》的通过有利于劳动者权益的保护,但该法在订立了书面合同但没有约定合同期限的劳动合同、采用欺诈或者胁迫的手段或者乘人之危手段订立的劳动合同、竞业限制制度、劳动合同解除后经济补偿的支付以及养老保险、劳务派遣制度、用人单位违反报酬支付义务的法律责任等方面的规定仍存在一些问题,有待通过司法解释或修改法律进一步完善。

The legislation and implementation of ＂Labor Contract Law＂ is to protect the fights and interests of laborers. But there are still some defects, such as a written contract without duration of the contract; the labor contracts signed by means of fraud or coercion taking advantage of the laborers＇ unfavorable situation, competitive restriction system, payment of economic compensation and endowment insurance, labor dispatch system; employers＇ responsibilities for violation of obligation to pay employees salary. These are problems deserving amendment or further improvement.