勞動合同與身份差别

亨利，梅因爵士將＂從身份到契約＂的轉變視作一種進步社會的運動。一般地説，這一論断在當下中國也是適用的，并且往往能引起讀者巨大的共鳴。然而，在就業關系中，却不應簡單地認爲合同〔契約） 安排能够當然消除身份上的差异。

Can Contractual Arrangement Lead to Elimination of Identity Difference in Employment Relations？

In his book Ancient Law, Sir Henry Maine （1822-1888） viewed ＂movement from status to contract＂ as a type of ＂movement of the progressive societies＂. Generally speaking, this conclusion is also applicable to the presentday China, and is often capable of arousing great sympathy from among readers. However, in relations of employment, one cannot simply consider that contractual arrangement will certainly be capable of leading to the elimination of difference in identity.