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随着市场经济体制的建立,劳动关系的调整已逐渐从行政手段转变为法律手段。《劳动法》第十六条第二款规定“建立劳动关系应当订立劳动合同”。《劳动法》确定的劳动合同是要式合同,应当以书面形式订立。而在实际生活中,许多用人单位和劳动者就某些劳动权利和义务达成口头协议,形成劳动者向用人单位提供劳动,用人单位对其支付劳动报酬的事实上的劳动用工关系。由于双方当事人的权利义务关系未以书面合同方式加以明确规定,往往导致劳动关系紊乱,劳动争议频发。
With the establishment of the market economy system, the adjustment of labor relations has gradually shifted from administrative means to legal means. The second paragraph of Article 16 of the Labor Law stipulates that “the establishment of labor relations shall be concluded in the labor contract.” The labor contract stipulated in the “Labor Law” is an important contract and should be concluded in written form. In real life, many employers and laborers reach verbal agreements on certain labor rights and obligations, forming a de facto labor-wage relationship in which laborers provide labor to employers and employers pay them labor remuneration. As the rights and obligations of both parties are not clearly stipulated in written contract, labor relations often lead to disorder and frequent labor disputes.