Enforcement Is Difficult To Make The Employee Allowance Law Lose Vitality.
It is already a commonplace topic that some subsidies have different degrees of difficulty in landing.
For example, every summer midsummer, the topic of high temperature allowance will always become a hot topic of public opinion. News media pay attention every year, and public opinion calls for it every year.
Although the central and local legislatures have many kinds of allowance laws and regulations, they seem to be very beautiful, but they can not be carried out. There are two reasons for this: on the one hand, the publicity is not in place, which leads to some workers who can not enjoy the allowance. On the other hand, the workers are worried that they will be silent if they want the employer to pay the subsidy and be retaliated or even unemployed.
When the economic costs or other costs of some regulations are too high and the cost holders are generally unbearable, these regulations have lost their due vitality, which can neither regulate any social behavior nor restrain certain social behaviors.
And because of seasonal allowances,
Temporary allowance
With the characteristics of strong contingency and low quota, many workers are unwilling to find the money for the employers because of this money. After all, if they fail, they will be penny wise and pound foolish.
Many workers also know that employers do not grant subsidies in full and in accordance with the law, and they can protect their rights according to law.
Worker
Disputes arising from subsidies and subsidies issued by employers are labor disputes. Workers can reflect the situation to the trade union organizations or complain to the labor supervision department. They can also apply for labor arbitration directly.
Standing at the angle of the staff and workers, it is unrealistic to safeguard the rights and interests of some small subsidies.
For example, the regulations of Shanghai stipulate that the night meal duty on normal day shift should be paid at night. After duty on duty, it can be issued to two yuan and two horns after twenty-two duty, and three yuan and four jiao can be paid if they do not sleep all night.
As an economically developed city in China, Shanghai's legal night meal fees can not even be bought for decent instant noodles. Any right to ask for night meal fees is doomed to be a losing proposition.
When the cost of safeguarding rights is far higher than that of safeguarding rights, the so-called legislative provisions can only be reduced to a useless vase, or even a joke.
When certain regulations are implemented
economic cost
Or when other costs are too high and these cost holders are generally unbearable, these regulations have lost their due vitality, which can neither regulate any social behavior nor restrain certain social behaviors.
The fundamental reason for the difficulty of landing part of the subsidy is that the relevant legislation on subsidies has lost vitality. The value of its existence is just that it looks very beautiful. Workers themselves are unwilling to take the initiative to protect their rights.
Since some regulations on employee allowances have lost vitality and are seriously lacking in the possibility of implementation, it is better to modify or abolish them as soon as possible.
Of course, the relevant laws and regulations on subsidies are not abolished, but to let the original intention of the subsidy system benefit employees in a more executive way or in a more appropriate way.
First of all, the legislature can consider the allowance to be included in the minimum wage system, directly raise the minimum wage level for some posts, and no longer separate the allowances from them.
Secondly, in areas where the allowances are obviously too low, the standard of allowance should be revised in time. The standard setting must give full consideration to the level of economic growth and local consumption level, and set corresponding standards according to the different posts.
Finally, legislation reduces the cost of safeguarding rights and interests of employees, mainly by simplifying the procedures of safeguarding rights, strengthening the guidance to the rights protection methods of employees, and establishing a strict information privacy system for the rights holders.
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