《劳动合同法》第四十八条本欲倾斜保护劳动者,即当用人单位违法解除其与劳动者之间的劳动合同时,劳动者要求用人单位继续履行劳动合同的权利优先,然而该项优先的权利会面临诸多实际困难,导致违法解除劳动合同时劳动者“继续履行”优先的立法目的落空,立法理想与现实实践脱节,《劳动合同法》第四十八条之重构就显得尤为必要。 Article 48 of the Labor Contract Law This article is intended to protect workers who, when the employer illegally lifted the labor contract with the worker, require the employer to give priority to the employer’s right to continue with the employment contract. However, The priority right will face many practical difficulties, resulting in the failure of the worker to “prioritize” the legislative purpose in the process of illegally lifting the labor contract, the legislative ideal is out of touch with the actual practice, and the reconstruction of Article 48 of the Labor Contract Law It is particularly necessary.