论任意雇佣原则在美国劳动法中的衰落

Decline of At-Will Employment in American Labor Law

从19世纪末开始,美国普通法上形成的任意雇佣原则授予雇主任意解雇员工的权力而不要求其承担任何法律责任,对劳动者权利保护甚为不利。考虑到绝对任意雇佣原则所带来的种种消极影响,在许多方面已经不适应现代劳资关系的发展,美国立法机关和各州法院已经形成该原则的多项普通法例外,任意雇佣原则逐步走向衰落。由于任意雇佣原则在美国社会长期实行,拥有深厚的社会基础,动用立法权和司法权等国家权力也并非以废止该原则为目标,因此迄今为止其仍然是调整美国雇佣关系的重要规则。

In the end of the 19th century, at-will employment became a doctrine in American common law, which entitled employers to fire an employee arbitrarily without bearing any liability and consequently had an adverse effect on protection of employees＇ rights and interests. In view of its negative influences on modem labor relations, the US legislatures and state courts have made lots of exceptions and the doctrine is declining. However, because of its profound social foundation, the doctrine cannot be abandoned immediately by way of resorting to legislative or judicial power. So as of it is still an important principle in the USA to regulate employment relations.