Equal Pay System Research Labor Dispatch

The thirtieth session of the Eleventh National People’s Standing Committee voted toadopt the decision on Amending the Labor Contract Law on December28,2012. LaborContract Law made the first modification after it had implemented five years, which directlyaim at regulating labor dispatching to guarantee the legitimate rights of the dispatchedworkers. To prevent the dispatch abuse causing damage to employees, the amended LaborContract Law raised the limits on labor dispatching, clear and definite the rights of "equalpay for equal work" for dispatched workers. Among the problems existed in the labordispatch, the dispatched workers have been highly expected for equal pay for equal work,but it has not been given sufficient attention. The amended Labor Contract Law clearlystates that "the dispatched workers enjoy the right of equal pay for equal work as laborersfrom the employer”, which provides a clear legislative authority for the dispatched workers.Equal pay for equal work is an important legal principle of the labor contract law,carrying the value of “defend the equal employment opportunities of workers and againstemployment discrimination.”The rationality of the principle is obvious, but there is still a lot ofuncertainty in practice. The absence of relevant rules and the lack of supervision lead to theequal pay for work of equal discount a lot. This article analyzes the concept of equal pay forequal work; elaborate the international provisions on equal pay for equal work and domesticscholars’ debate on equal pay for equal work. For the issue of equal pay for equal work inthe Context of the labor dispatch, this article focuses on the analysis of the reasons of thephenomenon of unequal pay for equal work in the labor dispatch system, which because ofthe “dual-track” effect on the reform of state-owned enterprises and the dilemma of currentsituation of labor employment market.“Equal pay for equal work” cannot be understood asthe same job for the same pay, identifying this problem correctly is as important as solve thisproblem. Finally, this article gives six countermeasures to improve current situation ofunequal pay for equal work in labor dispatch, which is accurately define the meaning ofequal pay for equal work; establish the reference to the rights of equal pay for equal work forthe dispatched workers; promote the reform of the labor market; strengthen labor inspectionand labor arbitration; give full play to the role of labor unions; Clear attribution of theobligations and responsibilities.