对劳动法上“同工同酬”语义混乱的思考——基于历史和语言角度的考察

The Labor Law "Equal Pay for Equal Work" Semantic Confusion Thinking —— A Study Based on Historical and Linguistic Perspective

和谐劳动关系需要依法构筑。我国当前对于"同工同酬"的理解和适用出现了严重偏差,究其原因,在于我国法律法规中有关工资、劳动报酬、薪资等表述混乱不一,失于严谨,且与英文的对译也较为随意。文章重点考证劳动法在中国的发展过程中对于"劳动报酬"相关含义的用语,发现先后使用过"庸""赁银""工钱""工资"等表述"劳动报酬"。通过简略考证,呼吁立法者尽快规范并明确界定劳动法中法律术语的内涵和外延,以促进和谐劳动关系的实现。

Harmonious labor relations should be constructed according to law. Our current understanding and application of 'equal pay for equal work' is trapped into serious deviation. The reason lies in that in the existing laws and regulations of our country, the expressions of wages, labor remuneration, salary are chaotic and less rigorous; and their correspondent English versions are also arbitrary. The paper mainly exerts textual research on the expressions of labor remuneration that have occurred in the process of China's development. The following words 'commonplace', silver lease, 'wages', 'salary' are found to have been used to express 'remuneration'. Through a brief textual research, the legislators are called on to regulate and define the connotation and extension of the legal terms in the labor law as soon as possible so as to promote the realization of harmonious labor relations.