我国欠薪保障制度的立法构建与完善

发布时间：2018-06-04 23:21

本文选题：劳动者 + 用人单位　；参考：《广东财经大学》2013年硕士论文

【摘要】：工资是劳动者赖以谋生的主要手段，劳动者在履行劳动给付义务后自然应有取得工资的权利。劳动法不仅应赋予劳动者有获得工资的权利，还应切实保障劳动者可以顺利取得工资并在欠薪情形下得到及时救济。在我国，虽然针对欠薪问题已有立法规制，也有政府多次严厉打击，但目前我国欠薪问题仍然十分严重。有的用人单位因经营管理不善，无力支付工人工资，，而有些用人单位则违反法律规定，故意克扣、拖欠劳动者工资。而处于弱势地位的劳动者遇到欠薪时，由于劳动者并未占有用人单位的任何动产或不动产，也无法行使诸如担保权、抗辩权、要求返还交付物等权利来维护自身债权，因而劳动者完全依靠自身难以解决欠薪问题，所以，讨薪者跳楼、自焚、暴力报复等恶性事件才会屡屡发生，严重影响了社会稳定，造成了社会不良后果。如何进一步解决好欠薪问题，已成为各级政府部门和社会各界共同关注的焦点问题。究其原因，欠薪保障制度的不健全是非常关键的原因。因此，构建完善的欠薪保障制度实属必要。本文运用规范研究与实证分析相结合的方法，对我国欠薪保障制度的现状、问题及对策建议进行阐述和分析，试图从立法的角度对现行一系列旨在解决欠薪问题的各种政策、举措加以评价，进而在法律制度方面提出一些可行的对策和建议，以期进一步完善欠薪保障制度，保障广大劳动者的合法权益。本文除引言和结语外，共分为四个部分：第一部分，欠薪保障制度的理论概述。首先，从理论分析入手，阐述了欠薪保障的涵义，分析了构建欠薪保障制度的必要性和可行性，概括了欠薪保障制度的作用，为其后的理论分析及对策研究提供了依据。第二部分，域外欠薪保障制度的考察启示。本章主要介绍了国外及我国港台地区欠薪保障法律制度的建立与运行的基本情况，从中获得一些值得我国借鉴与参考的经验。第三部分，我国欠薪保障制度的立法现状及存在的问题。本章论述了我国目前的欠薪保障制度的立法现状和存在的问题，力图揭示我国欠薪保障制度存在的缺陷与不足。第四部分，我国欠薪保障制度的立法构建与完善。在前文分析的基础上，对完善我国欠薪保障制度提供了具体的建议。包括四个部分：一是完善立法；二是建立欠薪保障基金制度；三是建立覆盖全社会的诚信体系，四是强化劳动监察部门的监督与处罚；五是完善“恶意欠薪”罪的司法适用。
[Abstract]:Wage is the main means for laborers to earn a living. The labor law should not only give workers the right to get wages, but also ensure that workers can get wages smoothly and get timely relief under the circumstances of unpaid wages. In China, although there have been legislative regulations on the problem of unpaid wages, and the government has severely cracked down on it for many times, the problem of unpaid wages in our country is still very serious. Some unit of choose and employ persons because of management mismanagement, unable to pay workers' wages, and some units of choose and employ persons are in violation of the law, deliberately deduction, arrears of workers wages. When a worker in a weak position encounters unpaid wages, because the worker does not possess any movable or immovable property of the employing unit, he is also unable to exercise such rights as security rights, defense rights, claims for delivery, and so on, in order to maintain his own claims. Therefore, it is difficult for workers to solve the problem of unpaid wages on their own. Therefore, salaried people jump from buildings, self-immolation, violent retaliation and other vicious incidents will occur frequently, seriously affecting social stability, resulting in adverse social consequences. How to further solve the problem of unpaid wages has become the focus of government departments at all levels and all sectors of society. The reason is that the guarantee system of wages owed is not perfect. Therefore, it is necessary to construct a perfect protection system of wages owed. By combining normative research with empirical analysis, this paper expounds and analyzes the current situation, problems and countermeasures of the system of wage arrears in China, and tries to analyze a series of existing policies aimed at solving the problem of unpaid wages from the angle of legislation. The measures are evaluated, and some feasible countermeasures and suggestions are put forward in the legal system, in order to further improve the protection system of unpaid wages and protect the legitimate rights and interests of the broad masses of workers. In addition to the introduction and conclusion, this paper is divided into four parts: The first part is the theoretical overview of the protection system of arrears of wages. First of all, starting with the theoretical analysis, this paper expounds the meaning of the guarantee of arrears of wages, analyzes the necessity and feasibility of constructing the security system of the arrears of wages, and generalizes the function of the security system of the arrears of wages, which provides the basis for the subsequent theoretical analysis and the study of countermeasures. The second part, the review and enlightenment of the system of protection of wages in arrears. This chapter mainly introduces the basic situation of the establishment and operation of the legal system of the protection of wages in Hong Kong and Taiwan in foreign countries and our country, and obtains some experiences that our country can use for reference. The third part, the legislation status and existing problems of our country's protection system of arrears of wages. This chapter discusses the current legislative situation and existing problems of our country's unpaid salary security system, and tries to reveal the defects and shortcomings of our country's unpaid wage security system. The fourth part, the legislation construction and consummation of our country's unpaid salary guarantee system. On the basis of the above analysis, some concrete suggestions are provided to perfect the system of the protection of arrears of wages in our country. It includes four parts: one is to perfect legislation; the other is to establish the system of guarantee fund for wages owed; the third is to establish a system of honesty and credit that covers the whole society; the fourth is to strengthen the supervision and punishment of the labor supervision department; and the fifth is to perfect the judicial application of the crime of "maliciously underpaid".
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.51

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