新冠疫情下停工期无薪休假制度探究

作为一种弹性工作方式,无薪休假通常运用于企业经营困难时期,以平衡劳资利益、稳定劳动关系,部分企业在此次新冠疫情停工期间进行了无薪休假的尝试。无薪休假具体表现为“缩短工时并相应地减少工资”,其在我国是一个新兴事物。若要引入“无薪休假”有必要厘清无薪休假实施的基础,考量我国引入无薪休假的必要性,并在考察域外无薪休假经验做法的基础上,结合实际情况构建我国无薪休假制度,重点在于劳资协商、最低工资保障与劳动监察等方面的规制。

Study on Unpaid Leave System during Shutdown Period under COVID-19

As a flexible working method,unpaid leave is usually used in companies difficult periods of business operations,to balance the interests of labor and management and stabilize labor relations.Some companies have tried unpaid leave during the suspension of COVID-19.Unpaid leave is specifically manifested as"shortening of working hours and reduction in wages correspondingly",which is an emerging thing in our country.To introduce"unpaid leave",it is necessary to clarify the basis for the implementation of unpaid leave,and to consider the necessity of introducing unpaid leave in our country.And based on the experience and practice of unpaid leave in other countries,combined with the actual situation to build our country's regulations of unpaid leave system,focusing on labor-management negotiation,minimum wage protection and labor supervision and other.