Study On The Protection To The Rights Of Equal Pay To Equal Work For Dispatched Laborers

Abstract:Equal pay for equal work is an important principle of labor law system. China’s current law stipulates that the dispatched workers shall enjoy the right of equal pay for equal work as the workers of the receiving unit do. The problems about the same work with different pay not only damaged the lawful rights and interests of the dispatched workers, but also not conductive to healthy development of our country in the labor dispatch system. If you do not take effective measures to solve this problem as soon as possible, it is bound to bring negative effects for the construction of harmonious and stable labor. Based on this, this article combined with the particularity of rights for dispatched workers in the labor dispatched workers in the labor dispatch and generalized the theoretical foundation and legal basis of the equal pay for equal work to dispatched workers. And then I made an analysis about the present situation and harm of the same work with different pay between dispatched workers and receiving units from some aspects such as salary, insurance benefits, rest and vacation and the compensation for dismiss. On the basis of factors of damaging the equal pay for equal work for dispatched worker, I made some researches from the labor legislation and judicial, administrative regulatory, government policy and union construction, workers themselves, also I put forward some countermeasures to protect vulnerable groups in dispatched workers’right to equal pay for equal work. The key is to improve the accuracy of Justice, effective implementation of the provisions of the law. Ensure labor dispatching only for temporary, auxiliary, alternative workplace. Local governments should strengthen the supervision of dispatch abuse. Formation of trade unions and membership forms should be innovative to meet the dispatched workers "employed" and "use" separation. Thus, the trade unions can play a role in protection of workers. Dispatched workers should actively take activism to maintain the right to equal pay.