从封闭到开放:企业组织市场化的劳动法诉求

From Close to Open:Reform of Business Organizations & Function of Labor Market

进入21世纪以来,企业组织形态发生了深刻变化,劳动关系呈现多样的构成与发展,由于市场要素对劳动关系的渗入和作用,使劳动法学仅在封闭的企业内加以运用已经变得不切实际。明晰企业组织与劳动市场的有机联系,制定最适合两者协调发展的各种法律制度是劳动法学的重要课题。在劳动关系的调整中要重新认识"劳动不是商品"的原则,强化对劳动市场机制作用的认识,重视企业组织的构成基础以及克服从封闭到开放的阻碍,逐渐消除内外部劳动市场间的壁垒,在劳动关系多样化的现实中构建富有弹性的劳动市场机制。没有这样的基础,无论通过调整个别劳动关系还是集体劳动关系来解决复杂的劳资矛盾,都是头痛医头脚痛医脚的庸方。

Since 21 st century, with the patterns of business organizations changing seriously, labor relationships have appeared various components and developed diversely. The penetration of market factors into labor relationships causes that Labor Law can be only applied within the close business scope, which leads Labor Law to unpractical. It is an important program for us to clear the organically connection and institute law system suit to balanced development between business labor relationship and labor market. In the progress of relationship adjustments, it is necessary to recognize 'Labor is Non-commodity' Principle, increase the attention to the labor market, and attach importance on the business organization foundation. At the same time, we should conquer the problems caused from close to open, gradually eliminate the inner and outer labor market barriers, and establish the flexible labor market mechanism in the reality with diverse labor relationships. Without this foundation to adjust whatever individual labor relationship and collective labor relationship to solve the problems of labor market, it is helpless to solve the problems essentially.