论诚实信用原则在劳动合同解除案件中的适用

On the Application of the Principle of Good Faith in the Case of Dissolution of Labor Contracts

我国《劳动合同法》明文规定了诚实信用原则,但该原则内涵丰富,在劳动合同解除案件中对其适用存在诸多困惑,因此有必要以诚实信用原则的补充性、限制性与调整性三大功能为核心进行类型化研究,以明确该原则的具体适用形态。其一,诚实信用原则适用于当事人与法院,且仅在该原则与案件之间存在必要性与相关性时方才适用。其二,根据补充性功能,对劳动者附随义务的解释应严格以法律规定为前提;根据限制性功能,应注意避免法官自由裁量权的膨胀;根据调整性功能,应遵循例外情况才予以适用的原则。其三,在适用过程中应课以相关主体一定的法律责任,从而保障上述功能的适用效果,平衡劳雇双方权利。

China’s Labor Contract Law expressly stipulates the principle of good faith, but the principle is rich in connotation, and there are many confusions about its application in labor contract dissolution cases. As a result, it is necessary to conduct typological research with three functions of supplement, restriction and adjustment of the principle of good faith as the core to clarify the specific applicable form of the principle. Firstly, the principle of good faith applies to the parties and the court, and only applies when there is necessity and relevance between the principle and the case. Secondly, according to the supplementary function, the interpretation of the workers’ accompanying obligations should be strictly based on legal provisions;according to the restrictive function, care should be taken to avoid the expansion of the judge’s discretion;according to the adjustment function, it should be applied only in accordance with exceptional circumstances. Thirdly, in the process of application, certain legal responsibilities should be imposed on relevant subjects, so as to ensure the application effect of the above functions and balance the rights of both employers and employees.