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2008年是我国劳动法发展历史上具有里程碑意义的一年,《劳动合同法》、《劳动争议调解仲裁法》正式实施,《劳动合同法实施条例》出台。国家也同时出台一系列保障劳动者权利促进就业的政策措施。可以说,我国在保障劳动权益上已重拳出击。在司法实践中,劳动者的维权意识也不断增强,去年以来,全国各地劳动争议案件较往年明显增加。但在这其中,也出现一些劳动者高价向用人单位提出索赔的案件,这其中有一部分合法合理的诉求得到法院的支持,但更多的高额索赔却未获得支持。在劳动争议案件日益增多的今天,这些案例可以作为劳动者维权时的参考。
2008 is a milestone in the history of the development of labor law in our country. The “Labor Contract Law” and “Labor Dispute Mediation and Arbitration Law” have been formally implemented and the “Regulations for the Implementation of Labor Contract Law” have been promulgated. At the same time, the state has also introduced a series of policies and measures to protect the rights of workers and promote employment. It can be said that our country has already taken a heavy blow in the protection of labor rights and interests. In judicial practice, workers’ awareness of safeguarding their rights has also been continuously strengthened. Since last year, the number of labor disputes across the country has remarkably increased as compared with previous years. However, there are also some cases in which workers claim high costs to employers. Some of these legal and reasonable appeals have the support of the court, but more and more high claims have not been supported. Today, with the increasing number of labor disputes, these cases can serve as a reference for workers’ rights protection.