后劳动合同法时代欠薪逃匿发生原因的法经济学分析

发布时间：2018-12-14 01:38

【摘要】：我国的欠薪逃匿行为严重。劳动者相对于用人单位处于弱者的地位,时常发生用人单位侵犯劳动者权益的现象,欠薪逃匿是一种无视劳动者利益的行为。欠薪逃匿行为严重地损害了劳动者利益,这也给社会带来诸多不稳定因素,增加大量的社会成本。欠薪逃匿行为的发生有诸多的原因,例如,规制欠薪逃匿行为立法不足,欠薪保障配套规定不全,行政执法力度有限,欠薪逃匿行为的法律责任规定较少。还有诸多的现实因素导致用人单位欠薪逃匿行为的发生,如欠薪后续追讨的高成本,这使很多欠薪逃匿企业有恃无恐,大量追逐廉价劳动力的外资涌入。《劳动合同法》等法律的实施是造成此种现象的重要直接因素,这些因素实际上使得用人单位欠薪逃匿行为的收益上升。正确认识欠薪逃匿行为的发生原因有助于该问题的解决。
[Abstract]:In our country, the behavior of absconding due to wages is serious. The laborer is in the weak position relative to the unit of choose and employ persons, often occurs the phenomenon that the unit of choose and employ persons encroaches upon the rights and interests of the laborer, and it is a kind of behavior that ignores the interests of the laborer. The behavior of absconding due to wages seriously damages the interests of workers, which also brings many unstable factors to the society and increases a lot of social costs. There are many reasons for this, such as inadequate legislation to regulate the evasion of wages, incomplete supporting provisions for the protection of wages due to wages, limited administrative law enforcement and less legal liability for the act of hiding wages due to wages. There are also many practical factors leading to the occurrence of the employer's behavior of absconding due to wages, such as the high cost of subsequent recovery of the arrears of wages, which makes many enterprises without pay to escape without fear. The implementation of laws such as Labor contract Law is an important direct factor that causes this phenomenon, and these factors actually increase the income of employers' behavior of absconding due to wages. It is helpful to solve this problem to correctly understand the causes of the behavior of absconding due to wages.
【作者单位】：厦门大学法学院;
【基金】：福建省社科规划项目《经济法视野中的当代民生问题研究》(2008B022)的阶段性成果
【分类号】：D922.52

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