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随着改革开放和经济建设的发展,特别是市场经济体制改革的进一步深入,劳动关系的调整已逐渐从行政手段转变为法律手段。按照我国《劳动法》的规定,建立劳动关系应当订立劳动合同,但在现实中,并非所有的劳动关系都能够完全遵守法律,因此存在着大量的事实劳动关系。而目前法律对于因未签订书面合同、无效合同、双重劳动关系等情形形成的事实劳动关系的保护存在诸多不足,未来《劳动法》、《劳动合同法》在修改完善中应当对事实劳动关系保护方面有所涉及,并能够在有效维护劳动者权益的基础上,实现劳资双方利益平衡。
With the development of reform and opening up and economic construction, especially the deepening of market economy system reform, the adjustment of labor relations has gradually shifted from administrative means to legal means. According to China's “Labor Law,” the establishment of labor relations should be concluded labor contracts, but in reality, not all of the labor relations can be completely abided by the law, so there is a large number of factual labor relations. At present, there are many deficiencies in the protection of the factual labor relations formed by the absence of written contracts, invalid contracts and double labor relations. In the future, “Labor Law” and “Labor Contract Law” should be amended to improve the protection of factual labor relations Aspects involved, and can effectively safeguard the rights and interests of workers, based on the balance of interests between employers and employees.