违法解雇期间工资支付法律问题探讨——基于我国台湾地区劳动立法与学说的考察

摘基于劳动关系的特殊性，我国台湾地区“民法”规定雇主违法解雇劳工受领迟延期间应当继续支付工资。雇主支付工资时有权扣除劳工因不服劳务所直接减省的费用，但不得扣除劳工转向他处服劳务所取得的工资或故意怠于取得的利益。劳工要求雇主支付被违法解雇期间的工资应当具备法定条件，并应当就雇主受领劳务迟延及工资报酬之计算等权利发生要件负举证责任。

On the Salary Payment During the Illegal Dismissal Period

As a result of the particularity of the labor relation, the Civil Law of Taiwan requests the employer continuously pay the salary to the employee during the period of illegal dismissal or delay of payment, but the employer is entitled to deduct the direct expenditure of the employee because of his absence of labor service. However, the employee can not deduct the remuneration paid by the other employer or any potential income the employee intentionally abandoned. If the employee wants to claim the salary from the employer during the period of illegal dismissal, some legal conditions shall be met, and the employee shall bear the burden of providing evidence to prove the illegal dismissal or the employee＇ s delay of payment and to prove how much salary the employee shall pay to the employer.