Labor Dispatching Labor Legal Studies, Equal Pay For Equal Work

The labor dispatch is a practical issue in the practice of the establishment of our labor market mechanisms, that is a relatively new form in the Chinese labor economy,that is also a rapid-developing and being-problems form currently.As a special form of employment, the labor dispatch involves three mains, the one is the labor dispatch provider, the other is the accepting entity and another is the dispatched worker. The features of the separation of employment and the company which makes the dispatched workers receive a unequal pay for equal treatment is widespread, serious damage to legitimate rights and interests of workers to be dispatched.Labor Contract Law in 2008 provide an exact definition of the labor dispatch,the liability of the labor dispatch provider and the accepting entity,the basic rights and interests of the dispatched worker. Article 63 of the Labor Contract Law provide that the dispatched worker shall have the right to receive the same pay as that received by Employees of the Accepting Unit for the same work. If an Accepting Unit has no Employee in the same position, the labor compensation shall be determined with reference to the labor compensation paid in the place where the Accepting Unit is located to Employees in the same or a similar position.The provision of receiving the same pay for the same work is doubtless the interest protection of the dispatched work. But there are still many problems due to the abstract of prescripts:how to determine the confine of "receive the same pay for the same work"?and what responsibility should be charged with when law is broken?and how to supervise the labor dispatch market? and so on.Some proposals are put forward in this paper in order to improve and perfect the labor dispatch through the analysis about the background of the labor dispatch,the concept of receiving the same pay for the same work and the present condition of receiving the different pay for the same work. I hope this paper can enlight the labor dispatch consideration of law.The paper is divided into five main sections to study the law about the receiving the same pay for the same work of the labor dispatch.The first section is to explain the nature of the labor dispatch through the emergency and development of the labor dispatch.The second section is to analyse the cause of receiving the same pay for the same work through the present condition and the harmfulness of receiving the different pay for the same work.The third section is using the experience of other countries to correct the Chinese labor dispatch.The forth section is the necessity and urgency of receiving the same pay for the same work in the field of the economy,law and sociology.In the last section,some pertinent advices are put forward to perfect our labor dispatch system at the foundation of the foregoing analysis.