劳动合同立法:寻求适用的立法取向

在劳动合同法的立法中,出现了“权益保护”论者和“成本优势”论者的争论。争论陷入了利益规范的争论,即诸多劳动标准多少、高低、宽严等的争论。其实,他们有着共同的立法取向,即利益规范取向。立法应是基于“基准”利益的权利规范取向,而不应是利益规范取向。权利规范取向,还应该是劳动者权利规范取向。寻求这种取向,可能使上述争论达成共识,能够更好地保障劳动者的利益,同时避免丧失劳动力成本的优势。

Labor Contract Legislation: Seeking Applicable Legislation Orientation

In the legislation of labor contract law,there has been a debate between the people insist on 'protection of rights and interests' and on 'cost advantage'.People are getting into the debate about interest standards,like the number,superiority and strict of many labor standards.In fact,they have a common legislation orientation,namely the orientation of interest standards.The orientation of legislation should be right standards which based on 'basic standards' of rights,not interest standards.Orientation of right standards also should be the orientation of labor rights standards.Seeking the orientation may impel the common sense so as to protect labor interests better and to avoid losing the advantage of labor cost.