《劳动合同法》之立法回顾与思考

The Legislative Review and Reflection of Labor Contract Law

《劳动合同法》在市场经济深化、企业用工制度变化的背景下开始起草,在立法的过程中经历的争论主要围绕立法宗旨与价值展开。《劳动合同法》的出台,本质上是对劳资不平等的社会不公的一次矫正,但在实施后也因劳工标准的提高面临来自用工企业的挑战,劳务派遣成为规避企业责任的渠道。《劳动合同法》修正案也是对此挑战作出的立法回应。

Labor Contract Law began drafting in the background of deepening of the market economy and chan- ging of enterprise employment system. During the legislative process, the debate was around the legislative purpose and value of the Labor Contract Law. The implementation of the Labor Contract Law, in essence, was to correct social injustice due to an unequal labor relation, but also faced challenges from enterprises because of improvement in the labor standards. Labor dispatch became channels to circumvent enterprises responsibili- ty, so Labor Contract Law amendment was the legislative response to this challenge.