聚焦《劳动合同法实施条例》的新变化及其对企业的影响

New Changes in Regulation on the Implementation of the Employment Contract Law of the People's Republic of China as Well as Its Influence on Enterprises

《劳动合同法实施条例》在体现维护劳动者合法权益立法宗旨前提下,注重实现用人单位和劳动者双方权利、义务关系的协调和平衡。与《劳动合同法》相比,《实施条例》对劳务派遣用工形式、企业用人自主权的规定等更趋理性,对《劳动合同法》中的原则性规定及存在重大分歧条款,做了具体补充和必要衔接,增强了《劳动合同法》的可操作性,有利于《劳动合同法》的贯彻执行。但《实施条例》搁置了部分争议条款,《劳动合同法》仍有多处空白待补充;《实施条例》仍存在规定不明的条款;《劳动合同法》对企业影响在短期挑战大于机遇。

With the tenet of protecting legal rights of laborers, Regulation on the Implementation of the Employment Contract Law of the People＇s Republic of China tries to harmonize and balance the rights and obligations of both employers and employees. Compared with the Employment Contract, Regulation is more reasonable in the modes of labor service dispatchment and in autonomous rights of enterprises employment. It has also made specific complements and necessary linkup to principles and clauses in the Contract that contain major divergences, and strengthened maneuverability, therefore, makes it easier to implement. However, there are still many blanks in the Contract waiting to be filled and unclear clauses to be clarified. The Contract brings more challenges than opportunities to enterprises in a short period.