劳动合同法律适用的若干规则

Several Rules on the Application of the Law on Employment Contracts

在劳动合同所适用的法律规范中,无论是跨越劳动法部门还是劳动法部门内部都有一般法与特别法之区分。对劳动合同不仅优先适用特别法,而且还应当在不违背特别法立法目的和基本精神的前提下补充适用一般法。对跨越《劳动合同法》生效前后的劳动合同,应当处理好适用新法与适用旧法的衔接和交叉的问题。对《劳动法》配套法规,应当依据劳动法语境中抵触与否的判断标准,确定其在《劳动合同法》生效后是否继续适用。

The classification of general law and special law exist both across and within the labor law sectors covering the whole legal norms on employment contracts. Though the application of special law should be given priority, the general law should be applied complementarily if not violating the legislative purposes and basic spirit of the special law. The connection and overlapping issues of new and old laws should be tactically solved pertaining to the employment contracts which took effect prior to the promulgation of the Law on Em- ployment Contracts and lasted thereafter. The judgment criteria on whether the accompanied rules and regulations of the Labor Law will apply if not in violation should be in the context of labor law. of the Law on Employment Contracts since it took effect