《旅游法》实施后导游薪酬变化及其保障

Studies on the Changes and Guarantee of Tour Guide's Compensation after the Execution of Tourism Law

《旅游法》的颁布与实施,明确了导游薪酬的合法来源,规定了旅行社缴纳社会保险的法定义务,有力地维护了导游的合法权益。但是在禁止强制购物、取消自费项目以后,导游的薪酬结构发生改变,薪酬水平整体下降。同时,《旅游法》在实施中仍存在着缺乏实施细则、与其他法律法规衔接不够等障碍。为保障导游薪酬的正常获取和增长机制,政府应加大执法力度,尽快推进工资集体协商制度;旅游企业应建立差别化薪酬体系,重视非货币性薪酬并努力提高行业盈利能力。

The promulgation and enforcement of Tourism Law makes clear the legal source of tour guide＇s compensation and the legal obligation of paying social insurance by travel agency, which have protected tour guide＇s legal fights. However, atter the prohibition of forced shopping and the cancellation of private expense project, tour guide＇s compensation structure has been changed and their compensation level has also declined entirely. And there are still some obstructions such as the lack of implementation capacity and operational details during the execution of Tourism Law. In order to guarantee the tour guide＇s normal obtaining and increasing mechanism of compensation, the government should strengthen enforcement of law and promote the collective wage consultation system, the enterprises should establish the compensation system which based on service quality, pay more attention to the non-monetary compensation and try to increase their profit level.