On The Limits Of The Oblique Protection Of Rights In The "Labor Contract Law"

The "Labor Contract Law" has been controversial since its promulgation and implementation,and its discomfort to the laborer's leaning protection is the crux.The "Labor Contract Law" leanings to protect workers,which helps to improve the weak position of workers,achieves substantive equality with employers,promotes effective cooperation between employers and employees,and ensures more efficient operation of the economy and society and achieves fairness and justice.Leaning protection is reasonable and necessary.However,this leaning protection cannot exceed certain reasonable limits.If the leaning protection is not suitable,it will cause negative effects such as the countermeasure behavior of the employer,the unemployment of the disadvantaged laborer,the moral hazard of the worker,and harm the overall benefit of the society.To accurately grasp the limits of the oblique protection of the "Labor Contract Law",it is necessary to comprehensively consider the strength and weakness of employers and employees,the actual situation of China,the "minimum demand" protection of laborers,the impact on economic and social benefits,and the balance of interests,etc.Perform quantitative analysis.At the same time,the limit of the oblique protection of the "Labor Contract Law" is not static,but is advancing with the times.We should observe and grasp it from a dynamic perspective.Some systems of the "Labor Contract Law" have the situation of leaning protection discomfort,and need to be further optimized and improved.