我国内外部劳动力市场劳动力转换不畅之法学分析

Legal Analysis on the Ill Circulation of China's Internal and External Labor Market

我国内外部劳动力市场深受二元体制的影响,呈现出劳动者群体固化性特征。劳动者权益悬殊,往往与劳动者的勤勉和能力关联不大。许多企业劳动报酬设计背离《劳动法》精神,同工不同酬现象较为严重。劳动立法在稳定性与流动性上左右摇摆,非典型用工劳动者法定权利设计过低,导致内外劳动力市场转换阻力重重。社会保险出现的一系列问题,也从一定侧面为企业内外劳动力市场的转换形成不良影响。解决这些问题的总体思路是:既要建立公平的就业体制,也要修正不良的市场法律。

China's internal and external labor markets are deeply influenced by the binary system, characterized by the fossilization of labor group. The great disparity of the rights and interests of laborers is not often related with their diligence and abilities. The Labor remuneration design in many enterprises strays from the spirit of the labor law, and the phenomenon of unequal pay for equal work is obvious. The legislation of labor law sways from side to side lacking its stability and flexibility, and the low design for the lawful rights of atypical employment of workers resulted in the conversion obstacles of enterprises' internal and external labor force market. The series of issues of social insurance from one side illustrates the ill effect of the conversion of an enterprise's internal and external labor market. The general idea for the solution of these issues lies in not only setting up equal employment mechanism, but also in the amendment of ill market laws.