工资风险分担法律模式的比较、厘清与路径选择OA北大核心CHSSCD

In response to the typical risks that production capacity has to be declined,labor hours have to be reduced,and the cost burden of enterprises has to be controlled,the theoretical community in China has formed a consensus on exploring the establishment of a wage risk sharing mechanism in the field of social law,but currently there is no consensus on what specific social security measures should be taken to fill the wage reduction gap for both labor and capital.Research finds that there are differences in the legal composition of social insurance,social assistance,and social compensation,and there are beneficial experiences in effectively allocating different social security measures in comparative law to achieve stable employment goals.The study suggests that China should break through the thinking of responding to wage risks with single social insurance or social compensation means,and adopt a legal model of wage risk sharing with a focus on social insurance supplemented by social assistance and social compensation.Based on whether the worker is insured or not,the priority should be given to using the social insurance fund to fill the wage reduction gap of those insured workers,and the low-income nonparticipants should be assisted through social assistance funds.In addition,when government administrative actions affect risk-sharing,social compensation funds should serve as a safety net.