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在解释论层面可以认为,无效劳动合同的认定规则被表达在彼此联系、相互协同的多个法律部门之中。法秩序所要求的协调性,在这里表现为多个法律部门对劳动合同效力评价机制的参与性。现有制度已经为当事人处分权利以影响劳动关系走向提供了基本充足的规范条件。目前并不存在修改《劳动合同法》,设置可撤销劳动合同制度的紧迫必要。
At the level of interpretative theory, it can be considered that the rules for the determination of invalid labor contracts are expressed in a number of legal departments that are in contact with and cooperate with each other. The coordination required by the legal order appears here as the participation of several legal branches in the evaluation of the effectiveness of labor contracts. The existing system has provided the basic sufficient conditions for parties to dispose of their rights to influence the direction of labor relations. There is currently no urgent need to amend the Labor Contract Law and to set the system of rescission of the labor contract.