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今年是《劳动法》颁布十周年.省劳动保障厅在五一劳动节前夕,举办企业依法发放工资承诺签约仪式,以此纪念《劳动法》颁布十周年。作为劳动者权益保障的基本法律,《劳动法》从1994年颁布至今已伴随着中国经济改革发展历程走过了十年。在这十年间,中国社会经历了从计划经济向社会主义市场经济转型的种种变革,人事劳动制度也随之发生巨大变化。劳动者切身感受到这场变革给自己带来的从身份到岗位的冲击,同时,经历了从无列有的社会保障制度的改革。然而《劳动法》在十年间却未能及时有效地通过修订完善来适应新的社会形势,从而在劳动保障的具体事务中产生了种种矛盾和盲点。在劳动法颁布十周年之际,我们提出修订《劳动法》的建议,旨在希望立法部门尽快将《劳动法》的修订工作提上议事日程。在“社会保障写入《宪法》”、《社会保险法》即将出台的背景下,《劳动法》作为部门法的基础更需尽快完善,确立其主导地位,以更有效地赶上社会经济的发展步伐。从本期开始,本刊将开展《劳动法》修订建议的征集活动。欢迎广大劳动法学界的专家学者、劳动保障的从业人员以及广大热心读者踊跃来稿,加入到劳动法修订建议的讨论中来。不论是只言片语、体会感受,还是专业意见、学术观点,我们都非常欢迎。本期首先刊登福建师范大学法学院长期从事《劳动法》教学和研究的臭向红老师对《劳动法》修改提出的建议,以此抛砖引玉,引起共鸣。
This year marks the tenth anniversary of the promulgation of the “Labor Law.” On the eve of May 1 Labor Day, the Provincial Department of Labor and Social Security organized enterprises to issue wages commitment signing ceremony according to law in commemoration of the tenth anniversary of the promulgation of the Labor Law. As the basic law guaranteeing the rights and interests of laborers, the “Labor Law” has gone through 10 years with the development of China's economic reform since its promulgation in 1994. During these 10 years, Chinese society has undergone various changes in the transition from a planned economy to a socialist market economy, and the personnel system has undergone tremendous changes. The worker personally felt the impact of this change on himself from identity to position and at the same time he experienced the reform of the social security system that is not listed. However, the “Labor Law” failed to be revised and perfected in time to adapt to the new social situation in a decade and brought about various contradictions and blind spots in the specific affairs of labor security. On the occasion of the tenth anniversary of the promulgation of the Labor Law, we propose to amend the “Labor Law” in the hope that the legislature will expedite the revision of the “Labor Law” on the agenda. Under the imminent promulgation of the “Constitution” and “Social Security Law” written by the Social Security, “Labor Law” needs to be perfected as soon as possible to establish the dominant position so as to catch up with the social economy more effectively The pace of development. Starting from this issue, we will carry out the solicitation activities of the proposed amendments to the Labor Law. Welcome to the majority of labor law experts and scholars, labor protection practitioners and the majority of enthusiastic readers enthusiastically contributed to the discussion of the proposed amendments to the labor law. Whether it is a few words, experience feelings, or professional advice, academic point of view, we are very welcome. This issue was first published in Fujian Normal University Law School has long been engaged in “Labor Law” teaching and research of the teacher to Xiang Hung, “Labor Law” proposed changes in order to initiate, resonate.