试论劳动法的道德观

Study on Moral Concepts in Labor Law

劳动法的道德观,主要涉及劳动法所蕴含的道德理念、道德在劳动法中的正确定位以及法律与道德正态关系的构建等一系列问题。劳动法应当以"劳动尊严"、"劳资共赢"理念作为其追求的最高伦理目标。为了合理把握劳动法的道德定位,劳动法的道德取向应以保障和实现公民的基本人权(劳动权)为伦理基础,劳动法的道德规范应以劳动者为基本主体和主要视角,劳动法的道德标准应以略高于最低限度道德要求的标准作为其确立尺度。为了建立起劳动法与道德良性互动、相辅相成的正态关系,当前应当着重把握和处理好法律与道德之间互相区隔、转化和融合等几对关系。

The moral concepts in labor law are related to such issues as the notions of morality in labor law,the characterization that morality has in labor law and the proportional relationship between the law and the morality.Under the circumstances,labor law should presume its highest ethics as honoring the dignity of labor and considering the mutual benefits of employees and employers.To comprehensively characterize the morality in labor law,the moral orientation in the law should serve for the respect and realization of basic human rights（the right to work）.Meanwhile,the moral norms in the law should be built from the perspectives of employee,and the moral standards should be established slightly higher than the lowest social moral standards.Finally,the positive interacting and complementing proportional relationship between the law and the morality should be built on the contemporary activities of emphasizing on and carefully dealing with differentiation,transformation and the combination of them.