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国务院1982年4月发布实施的《企业职工奖惩条例》(以下简称《奖惩条例》),对教育职工遵纪守法,维护企业生产、工作的正常秩序,调动职工的劳动积极性,起了很大作用。但是随着经济体制改革的不断深入和法制建设的加強,《奖惩条例》也暴露出不少缺陷: (一)它与国家其他相关法规有矛盾。如《刑法》第34条规定:“对于被判处管制的犯罪分子,在劳动中应当同工同酬”,而《奖惩条例》规定职工“留用察看期间停发工资”,只
The Regulations on Award and Punishment of Enterprises and Workers promulgated by the State Council in April 1982 (hereinafter referred to as the “Reward and Punishment Regulations”) have played a significant role in educating staff and workers in observing the law and order, in safeguarding the normal order of production and work, and in mobilizing the enthusiasm of staff and workers . However, with the continuous deepening of the economic reform and the strengthening of the legal system, the Regulations on Rewards and Punishments have also revealed many shortcomings. First, it has contradictions with other relevant laws and regulations of the country. For example, article 34 of the Criminal Law stipulates that “criminals who are sentenced to control should be paid equal wages in work”, while the “reward and punishment regulations” stipulate that workers should “stop paying wages during the inspection”