工资收入权的保障制度

Discussion on the Construction of Income Security System

我国出现较为严重的拖欠工资问题是与工资收入权缺乏有效的制度保障相关。对工资性质的不同认识导致对拖欠工资合理与否产生歧议，这使得工资收入权保障制度建设陷于停滞。工资是劳动力的价格，当保障制度不完善时，劳动者与厂商之间的利益博弈会使双方背弃劳动力交易关系，转而构建劳动交易关系，结果必然导致厂商以经营状况或第三方责任为由拖欠工资。要保障工人的工资收入权，应当实行合同工资与风险共担、收益分享相结合的分配制度。

There have been some serious cases of salary defaults in China during recent years, which reveal the lack of efficient income security system. Ambiguities still exist in whether the default of salary is reasonable due to different understandings of character of salary, which force the construction of income security system into stagnation. This article considers salaries as the price of labor force. When the security system is incomplete, under the force of the interest game between the labor and employs, instead of building a labor force exchange relationship, they will turn to build a labor exchange relationship that consequentially results in the salaries default due to business condition or the third party＇s responsibilities. So to protect the labor＇s right, we must actualize the contractual salaries combined with a distribution system sharing both risk and income.