劳动碰瓷行为的法律定性与反思

The Legal Characterization and Reflection on Labor Fraud

近年来,随着我国劳动争议案件的增加,劳动碰瓷的现象也越来越多,表现形式复杂、多样,给企事业单位的正常经营带来了较大影响。劳动碰瓷行为的多样性和复杂性,不仅增加了劳动仲裁和法院办案的难度,同时也严重扰乱了国内劳动市场的健康发展。如何在实践中区分不同类型劳动碰瓷行为的存在形态,并结合其特点做出相应的法律定性,从而减少或杜绝此类现象的发生,是我们需要深刻思考的问题。

In recent years,with the increase of labor dispute cases in China,the phenomenon of more and more labor fraud,and the expression forms are complex and diverse,which has brought a great impact on the normal operation of enterprises and organizations.The diversity and complexity of labor fraud not only increase the difficulty of labor arbitration and court handling,but also seriously disturb the healthy development of the domestic labor market.How to distinguish the existence forms of different types of labor fraud in practice,and combine its characteristics to make the corresponding legal characterization,so as to reduce or put an end to the occurrence of such phenomenon,is a problem that we need to think deeply.