论远程办公模式下劳动基准适用与劳资利益的法律衡平研究

On the Application of Labor Standards and the Legal Equilibrium of Interests between Labor and Management in the Context of Telework

摘要: 数字经济的发展与公共卫生事件的催化，推动远程办公从非常规用工转向常态化、多元化，其灵活性既降低企业经营成本，也赋予劳动者时空自主权。但远程办公打破传统用工“固定场所、固定时段、集中管理”特征，使以传统模式为预设的劳动基准体系陷入适用困境，工时模糊、工资混乱、安全缺位、离线权受侵害等问题频发，加剧劳资失衡。劳动基准作为劳资权利义务的底线规则，其适用合理性关乎劳资和谐与数字经济健康发展。本文基于远程办公形态特征与实践困境，剖析基准适用冲突的核心成因，从立法、执法、司法、企业自治四维度，探索基准适用路径，实现劳资利益法律衡平，为数字时代劳动权益保障提供理论与实践支撑。

Abstract: The dual forces of digital economic expansion and the COVID-19 pandemic have propelled telework from an atypical employment arrangement into a normalized and diversified practice. Its inherent flexibility not only reduces operational costs for enterprises but also grants workers spatial and temporal autonomy. However, by disrupting the traditional paradigm of “fixed premises, fixed hours, and centralized management”, telework has rendered the existing labor standard system, which is predicated on conventional models, largely inapplicable. This has led to frequent issues such as ambiguities in working hour calculation, disorder in wage payment, absence of occupational safety, and infringement upon the right to disconnect, thereby exacerbating the imbalance between labor and management. As the fundamental rules defining the baseline rights and obligations of both parties, the proper application of labor standards is crucial for harmonious labor relations and the healthy development of the digital economy. This paper analyzes the core causes of this applicability conflict based on the characteristics and practical challenges of telework. It explores pathways for the application of labor standards from four dimensions—legislative refinement, enhanced enforcement, judicial standardization, and corporate self-governance—aiming to achieve a legal equilibrium between the interests of labor and management, and to provide theoretical and practical support for the protection of labor rights in the digital era.