跨法域背景下粤港澳大湾区劳动基准制度比较

The Comparison on Labor Standard System of Guangdong,Hong Kong and Macao Under Cross-Jurisdictional Background

“一国两制三法域”背景下,粤港澳三地在劳动用工制度方面的客观差异将增加大湾区人力资源要素跨境流动的障碍。劳动基准制度是劳动者感受最直观的劳动权益,也是跨境流动时最易引发劳资纠纷的制度。本文重点比较了粤港澳三地在工资制度、工时制度、休假制度和劳动安全卫生制度方面的差异,发现内地的劳动基准普遍高于港澳,港澳对于违法行为的惩处更严格,但三地在用工规制方面的基本理念和底层逻辑存在共同之处。以此异同为起点,粤港澳三地要积极探索三地劳动用工制度的协同衔接,促进大湾区人力资源要素高效有序流动。

In the context of“one country,two systems and three jurisdictions”,the objective differences in the labor employment systems of Guangdong,Hong Kong and Macao will increase the barriers to the crossborder flow of human resources in the Greater Bay Area.The labor benchmark system is the labor interests that workers feel most intuitively,and it is also the aspect that is most likely to cause labor disputes in crossborder mobility.This paper mainly compares the differences between Guangdong,Hong Kong and Macao in terms of wage system,working hour system,leave system and labor safety hygiene system.It is found that the labor standard in the mainland is generally higher than that in Hong Kong and Macao,and the punishment for illegal acts in Hong Kong and Macao is more stringent.However,the basic concept and underlying logic of labor regulation in the three places have something in common.Taking the similarities and differences as a starting point,Guangdong,Hong Kong and Macao should actively explore the synergy of the labor employment systems of the three places,and promote the efficient and orderly flow of human resources elements in the Greater Bay Area.