论待岗工资的正当性及其制度展开

On the Justification of Furloughs Salary and Its System Development

待岗工资本质上属于特定情形下工资的具体样态,是劳动者在劳动关系存续期间履行义务的对价,不属于福利。建构指令待岗模式和协商待岗模式的双轨制待岗工资制度,符合劳动者与用人单位的双重需要。指令待岗模式注重对劳动者权益的保护,避免用人单位利用优势地位逃避义务;协商待岗模式在保证劳动者待岗合意自由且真实的前提下,尽可能减少法律对协商待岗工资的干预,充分尊重当事人的意思自治,最终促进企业高质量发展。

The furloughs salary is the specific pattern of salary,not welfare essentially.It is the consideration for the employee's performance of obligations during the existence of the labor relationship.The establishment of a dual-track salary system that incorporates both the directive furloughs mode and the negotiation furloughs mode satisfies the dual needs of both workers and employers.In directive furloughs mode,more attention should be paid to protecting workers'interests,and avoiding employers from taking advantage of their dominant position to evade obligations.In the mode of negotiation,workers'promise to furloughs should be free and true.Under this premise,the interference of the law in negotiating the salary of furloughs should be reduced as much as possible,and the autonomy of the parties should be fully respected in order to achieve highquality development of enterprises.