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《劳动合同法》第30条规定:“……用人单位拖欠或者未足额支付劳动报酬的,劳动者可以依法向当地人民法院申请支付令,人民法院应当依法发出支付令。”该条被诸多媒体誉为一大亮点,认为劳动者申请支付令是其维权最快捷的手段。笔者认为在目前法律制度的框架下,《劳动合同法》规定的支付令制度看上去很美,但仅仅是一个摆设,只有修改《民事诉讼法》支付令制度,增加债务人滥用异议权成本或者在《劳动合同法》司法解释中突破《民事诉讼法》支付令制度的规定,才能使用人单位慎用异议权,及时息讼,保证劳动者及时足额获得劳动报酬。一、我国现行法律框架下支付令制度存在的弊端支付令制度是人民法院根据债权人的申请.督促债务人限期清偿债务的法律制度。民事诉讼程序设置支付
Article 30 of the “Labor Contract Law” stipulates that: “... If the employer owes or fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order according to law and the people's court shall issue a payment order according to law.” It was praised by many media as a bright spot that employers should apply for payment order is the most efficient means of their rights. Under the framework of the current legal system, the author thinks that the payment order system stipulated in the “Labor Contract Law” looks very beautiful. However, it is merely a decoration. Only by revising the payment order system of the Civil Procedure Law, increasing the debtor's cost of abuse of right of opposition or In the judicial interpretation of “Labor Contract Law”, breaking the rules of the “Civil Procedure Law” payment order system can the employing units be cautious of their right of dissent and be timely litigated to ensure that laborers receive full and timely remuneration. First, the disadvantages of the payment order system under the current legal framework in our country The payment order system is the legal system that the people's court shall urge the debtor to pay off the debts according to the application of the creditor. Settlement of civil procedure payment