Research On Wage Payment Protection Under The Background Of Public Health Events

Wages are the basis on which employees live.Under the background of public health events,wage payment protection is of great significance to employees,employers,society and the country.Due to the subordination between the employee and the employer in the labor relationship,the tilt protection principle should be followed in the wage payment,however,under the circumstance that the business of the employer is also adversely affected,the "strong or weak " between the employer and the employee changes.The principle of balance of interests should be followed when establishing the protection mechanism for the payment of employees' wages,we should consider the necessity for tilt protection and the degree of tilt protection.Wage payment protection in the context of public health events is established on the legal system of wage payment protection during normal periods.Wage payment protection regulations are scattered in laws,administrative regulations,local regulations and government regulations.This paper is mainly analysis the current regulations of the wage payment during the shutdown,the wages payment during the period of isolation due to the prevention and treatment of infectious diseases,the wages payment during the medical treatment period which caused by illness or non-work-related injury,the wages payment during the medical treatment period which caused by industrial injury.From the perspective of responding to public health events,analyzing the problems existing in current regulations and making suggestions.On this basis,the paper proposes the system of wage payment protection under the background of public health events.The system of wage payment protection under the background of public health events is divided into two parts: theoretical basis and legal system.The theoretical basis part discusses the necessity of establishing the theory of labor contract modification,analyzes the provisions on labor contract change,and discusses the necessity and the construction way of labor contract modification theory.The current regulations require the employer and employee to reach a consensus when changing the labor contract,which is reasonable.But in the case of a public health event,the requirement that changed labor contract still comply with the labor law and the labor contract law limits the room for negotiation.Therefore,it is suggested that legislation should reduce the protection of some labor conditions to provide more legal space for employers and employees to change the labor contract.The system of labor contract termination has the defect that the employer transfers the business risk to the employee,so the situation of the application of labor contract termination should be strictly limited.That is the exclusion of operational risks and the social responsibility of employers within a reasonable limit.Under the circumstance of labor contract modification or labor contract termination,the social insurance fund and the state shall assume the payment responsibility of wage.The construction of the legal system is divided into three parts: " the wage payment during the shutdown "," the wages payment during the medical treatment period ",and " modification of labor contract in the context of public health events".