劳动合同的法律构造与功能分析

劳动合同是雇主与劳动者之间就劳动条件与劳动力的相互给付为内容的合意,其特点在于劳资双方的允诺无法依靠合同的允诺规则获得强制执行的正当性,这决定了劳动合同的法律构造与合同有本质区别,就其功能而言,劳动合同不过是合同的"镜像",并不具备通过劳资个体自由合意达致劳动关系稳定运行的制度功能.

The Legal Analysis of Labor Contract''s Structure and Functions

Labor contract is the pleasing process that the employee and the employer take working conditions as a core to carry on. Because the worker promises by his work,adding of labor behavior can't be recovered,the employer's obligations should be enforced by the law. However,the legal structure of labor contract fails to fulfill this target that makes it lose the function as the basic legal mechanism regulating the individual labor relations.