《劳动合同法》实施中的问题、原因及对策——基于河南省X市的实证调查

The Problems,Reasons and Countermeasures in Implementation of Labor Contract Law:An Empirical Study of X City in Henan Province

《劳动合同法》的颁布实施,对规范企业用工、保护劳动者的合法权益和平衡劳资关系具有重要意义,有利于和谐劳动关系的建立。然而,对河南省X市的调查证实,企业仍存在不签订劳动合同、不缴纳社会保险、支付加班费不到位等问题。这些问题的出现并不是由单一因素造成的,而是用人单位、劳动者及政府部门等合力作用的结果。为此,应通过进一步完善社会保险制度、企业树立正确的成本意识、劳动监管部门增强执法主动性等措施来解决。

The issuance and implementation of Labor Contract Law play a critical role in standardizing enterprise employment, protecting lawful rights and interests of employees and reaching a balance between the interests of employers and employees, which help establish har- monious labor relationship. However, from the empirical research of X city at Henan province, it is found that problems still exist, such as failure in signing labor contracts, paying social in- surance premiums and overtime remunerations. No single factor is responsible for the emergence of these problems. On the contrary, it is the result of multiple combined forces from employers, employees and government. Hence, some measures, building correct cost awareness and strengthening the sion should be taken to solve the problems. such as perfecting social insurance system, initiative of law enforcement and supervi-