自2008年颁布实施以来,《劳动合同法》逐渐成为劳动关系领域最为重要的法律之一。尽管国家出台了一系列配套的实施条例、司法解释以及地方性法规,但是在具体适用《劳动合同法》的过程中,仍然存在不少疑点和难点。对一起典型案例进行剖析,从而为用人单位适用《劳动合同法》第三十九条第(二)项之规定提供若干建议。 Since its promulgation in 2008, the Labor Contract Law has gradually become one of the most important laws in the field of labor relations. Although the state has promulgated a series of supporting implementing regulations, judicial interpretations and local laws and regulations, there are still many doubts and difficulties in the specific application of the “Labor Contract Law.” An analysis of a typical case, which for the employer to apply “labor contract law” the provisions of article 39 (b) to provide a number of recommendations.