Research On The Mechanism Of Wage Burden On COVID-19

As a kind of legal relationship,labor relationship is essentially about labor exchange relationship.The laborer gives the right to control the labor force to the employing unit,which controls the labor force according to the production and operation plan.Among them,the consideration that laborer gets is the labor reward that unit of choose and employ persons pays.Compared with other contract objects,labor force will disappear when the employer does not receive it in time because of its close relationship with the labor force and its inherent characteristics.Based on this,when the labor force is unable to pay,the adverse consequences of this behavior are actually borne by the workers.Because of the weak position of workers in labor relations,if the law does not restrict the employer’s behavior of not receiving labor,the rights and interests of workers will be more damaged.Based on the principle of preferential protection for vulnerable groups,the legislation of various countries requires employers to continue to pay wages when they fail to receive labor benefits due to their own reasons.The sudden outbreak and rapid spread of COVID-19 brought great social impact.There are some problems in the policies issued by the Chinese government during the epidemic period,such as the lack of upper legal basis,the problems in the policy itself,the difficulty in implementing the policy and the unsatisfactory effect of the policy.Because the causes and consequences of the risk of wage payment caused by COVID-19 are socially,the introduction of social sharing mechanism helps to reduce social risks.Through the understanding of company risk theory,field theory and rules and standards,and the research of wage payment risk exclusion rules,this paper finds out the relevant laws of wage risk burden mechanism when countries specify obstacles in the performance of labor contracts.Through the analysis of the theories of employing units undertaking operational risks,i.e.social protection theory,production control theory and risk transfer ability theory,we can understand that although each theory has its own advantages and disadvantages,the wage payment obligation brought by employing units undertaking operational risks is common knowledge of all countries.In view of the lack of relevant systems in China,this paper analyzes the wage risk bearing mechanism in Germany,the United States,Japan and Italy,and draws on the experience.It can be seen that there are three main problems in China’s wage burden mechanism under the epidemic situation: first,the labor law,infectious disease prevention and control law and other relevant legal systems are not perfect,and the lack of some legal norms leads to many problems in the application;second,the labor law,infectious disease prevention and control law and social security law are separated,and the current system lacks the ability to break the law Thirdly,it ignores the private law attribute in labor relations.When the legal system is missing,the first way to deal with it is to issue administrative policies to fill the loopholes,and it ignores the possibility of employers and workers to negotiate with each other to solve the problem by mutual agreement.Therefore,we can improve the labor law and the law on the prevention and control of infectious diseases and other relevant legal systems,and coordinate with the social security law to deal with the problem of wage payment during the epidemic period.