中国劳动关系学院学报2024，Vol.38Issue(2)：47-59,13.
工资风险分担法律模式的比较、厘清与路径选择
Legal Model of Wage Risk Sharing:Comparison,Clarification and Path Selection
摘要
Abstract
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.关键词
工资支付/风险应对/社会保险/社会救助/社会补偿Key words
wage payment/risk management/social insurance/social assistance/social compensation分类
社会科学引用本文复制引用
罗曼,陈步雷..工资风险分担法律模式的比较、厘清与路径选择[J].中国劳动关系学院学报,2024,38(2):47-59,13.基金项目
本文系浙江省哲学社会科学规划课题一般(青年)项目"数字经济时代互联网平台用工的劳动法规制研究"(项目编号:22NDQN270YB)的阶段性研究成果. （青年）
