养老金平等:城镇企业职工养老金法律改革的启示与宪法思考

发布时间：2019-05-30 08:15

【摘要】：20世纪80年代以前在机关事业单位和企业职工中实行的平等的养老金法律制度,体现了养老金平等理念的社会共识。从80年代中后期到21世纪初期实施的企业职工养老金制度法律改革有其特殊的历史条件、经济背景、制度环境及合理性,但机关事业单位职工养老金改革滞后,逐步形成企业与机关事业单位职工养老金的不平等,不符合宪法所要求的国家平等地保障劳动者的养老金权利。将企业、事业、机关单位三种不同类型职工的养老金制度合并为一,既是回归新中国以来劳动者养老金平等的制度实践,也是实施宪法上法律面前人人平等而建立的劳动者基本养老金制度的法律保障。
[Abstract]:Before the 1980s, the equal pension legal system was implemented among the employees of government institutions and enterprises, which embodied the social consensus of the concept of pension equality. From the middle and late 1980s to the beginning of the 21st century, the legal reform of the pension system for enterprise workers has its special historical conditions, economic background, institutional environment and rationality, but the pension reform for the staff and workers of government institutions lags behind. The inequality of pension between enterprises and institutions is gradually formed, and the pension rights of workers are guaranteed equally by the state, which is not in accordance with the requirements of the Constitution. The merger of the pension systems of three different types of workers and workers in enterprises, undertakings and institutions is not only the practice of the system of pension equality for workers since the return to New China, but also the practice of pension equality for workers since the return of the people's Republic of China to New China. It is also the legal guarantee for the implementation of the basic pension system for workers who are equal before the law.
【作者单位】：四川大学法学院;
【分类号】：D921;D922.182.3

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