关于下岗职工劳动权利保护的法律思考

下岗职工是当前社会一特殊劳动群体 ,在其下岗期间 ,如何正确处理其与用人单位之间的法律关系 ,保护下岗职工的劳动权利实现及兼顾用人单位的劳动管理 ,是司法实践中难以处理的难题。本案从一起劳动争议案件仲裁机构和法院截然不同的裁判进行适用法律方面的探讨 ,建议把下岗问题纳入法律调整范畴 ,参考国外劳动立法 ,保护劳动者的合法权益。

Legal Thought About Protection of Laid-off Workers' Right to Work

Laid-off workers are a special labor group in present society. During their laid-off period, it is a difficult problem in judicial practice about how to handle correctly the legal relation of the employing units and them, protect the realization of laid-off workers' right to work and consider about the labor management of employing units. This article explores about the applicable law for a labor dispute case which has been given entirely different judgments by the arbitral institutions and courts, and proposes that the laid-off problem should be brought into line with the scope of law adjustment, to protect laborers' lawful rights by referring to foreign labor laws.