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迄今为止,我国治理“拖欠案”的政策思路是如何让雇主按期支付工资,似乎惟此才能保护农民工的合法权利。事实上,即使雇主能够按期支付工资,农民工所得到的工资合约也是不平等合约,因而这种政策思路并不合情。再者,仅让雇主按期支付工资虽然保护了农民工在工资合约中支付期限条款上的合法权利,但并没有保护农民工在其他众多条款上的合法权利,因而这种政策思路并不合理。最后,仅让雇主按期支付工资并没有触及引发“拖欠案”的真正原因,这既会使《劳动法》名存实亡,又会使违反《宪法》第13条基本精神的侵权行为获得支持,因而这种政策思路并不合法。为了真正保护农民工的合法权利,有必要在政策思路上寻求创新,即改革在雇主与农民工之间存在的强制性产权地位不平等安排。
So far, our policy on how to manage the “default case” is how to make employers pay salaries on schedule, which seems to be the only way to protect the legitimate rights of migrant workers. In fact, even though employers are able to pay their wages on time, wage contracts received by migrant workers are also unequal contracts. Therefore, this policy idea does not make sense. Moreover, merely allowing employers to pay their salaries on schedule, while protecting the legal rights of migrant workers to pay term terms in wage contracts, does not protect the legal rights of migrant workers in many other articles, which is not reasonable. Lastly, letting employers pay wages on schedule and failing to address the real causes of “default” will both give rise to the promulgation of the Labor Code in the name of existence and give rise to support for violations of the fundamental spirit of article 13 of the Constitution, The kind of policy is not legal. In order to truly protect the legal rights of migrant workers, it is necessary to seek innovation in the policy thinking, that is, to reform the arrangement of unequal status of mandatory property rights existing between employers and migrant workers.