Research On Minimum Wage Legislation Fragmentation Problem

Since its inception in New Zealand in1894, the history of Minimum wagesystem is more than100years. The time of the implementation of the minimum wagesystem in China is relatively late in1984, the government officially recognized theMinimum Wage-Fixing Machinery Convention, the introduction of the concept of aminimum wage. First piloted in Zhuhai City in1989, later Shenzhen, Shanghai tookthe lead in the country to implement a minimum wage system."Labor Law of the People’s Republic of China, promulgated in1994formallyrecognized to the legal form of a minimum wage system. Original2004issued by theMinistry of Labor and Social Security "minimum wage", to make the regime’sinfluence in society and workers greatly enhanced. Since the provisions of the statuteis not complete, not only failed to solve the drawbacks of the minimum wage systemin China has always been there, but to breed some new problems.To help businesses cope with the international financial crisis in2008, theHuman Resources and Social Security issued a notice to delay the adjustment of theminimum wage, the latter with the economic situation improves, provincial andmunicipal governments have standard minimum wage again. Whenever the newstandard is released, the news media also compare ranking lists the highest minimumwage. Ignored in the rankings behind our policy is a regional standards, aroundminimum wage statistical standards, the scope of the project is not consistent, notonly the data on the consideration of these factors together not much significance. Thecore inconsistencies of statistical standards, the scope of minimum wage, minimumwage legislation showed fragmentation.This paper is divided into three parts, the first part is an introduction, describesthe background and significance of choosing this topic; research on the minimumwage is reviewed and scholars at home and abroad; cited the research methods,pointed out that innovation where and inadequacies.The second part is the body, is divided into four sections. The first chapter discusses the value orientation of the minimum wage legislation, pointed out that thelegislative intent in order to protect the right to life, to protect the bottom line, theprotection of the underlying workers. Then clarify the minimum wage system is anational intervention in the initial distribution, but also on the basis of an importantsocial security system, pointed out that the principle of legislation is social equity.The second chapter discusses the performance and the negative impact ofminimum wage legislation fragmentation. Pointed out that the minimum wagelegislation fragmentation problem mainly in the local legislation, local legislation isnot uniform, the core items of the provisions of the minimum wage actually separatesthe minimum wage system. The negative impact of legislative fragmentation isreflected in the ratio of the minimum wage and the average wage in society and therelationship with other social security benefits.The third chapter of minimum wage legislation fragmentation reasons, first isthat the "Labor Law" and "minimum wage" requirements for the two are not the same,leaving too much room for discretion for local legislation; Second is that theGovernment’s priority to efficiency the guiding ideology and the system itself requiresa fair conflict.The fourth chapter discussed before, refer to the international advancedexperience of minimum wage legislation on the perfect minimum wage legislationand improve the system itself raised a number of legal and policy recommendations.