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作为明确劳雇双方权利义务关系的协议,劳动合同的签订理应遵循意思自治之要求。然而由于劳动力商品的天然缺陷、劳雇双方的力量失衡、成本控制和交易迅捷化要求等原因,劳动合同越来越呈现出附合化的特征,已经严重损害了劳动者权益。对此,应该通过贯彻公平原则、完善劳动基准立法、改进集体合同制度等手段加以应对,以期消除劳动合同附合化的消极影响,确保劳动者的合法权益。
As an agreement to clarify the relationship between labor and employment rights and obligations, the signing of labor contracts should follow the requirements of autonomy of will. However, owing to the natural defects of labor products, the imbalance of power between employers and employees, the requirements of cost control and expeditious transaction, the labor contract is more and more appearing as an annex, which has seriously damaged the rights and interests of workers. In this regard, we should respond to such problems as implementing the principle of fairness, perfecting the legislation on labor standards, and improving the collective contract system so as to eliminate the negative influence of the labor contract co-ordination and ensure the lawful rights and interests of workers.