Research On Safeguarding The Right Of Equal Pay For Equal Work In China’s Labor Dispatch

Labor Dispatch is the inevitable result of the development of the marketeconomy, as a flexible labor，it challenges the traditional labor hire theory. Labordispatch including three subjects, the legal relationship of employer, labor units anddispatched laborers is more complex. In China, Labor Contract Law and theRegulations for the Implementation of the Labor Contract Law special chapter onlabor dispatch provisions, in just five years of its implementation, however, a lot ofobjections to the parties to the labor dispatch, has been proposed to amend therelevant system. That shows that indeed there are many problems in the legislativeprovisions and implementation process of the dispatch system. In those Problems,equal pay for equal work is the most prominent.The dispatch workers getting unequal pay for equal work in the labor units,subject to discrimination, often referred to as second-class citizens. Under theenvironment of the rule of law and building a socialist country ruled by law, the staterespects and safeguards human rights, the widespread phenomenon of unequal pay forequal work has not only hindered the national rule of law, but also undermines therealization of these universal values of social equality, fairness and justice. In addition,at the micro level, unequal pay for equal hazards are multi-faceted. First, a directresult of the damage to the legitimate rights and interests of dispatched workers.Second, the employer can not guarantee the dispatched workers to equal pay for equalwork rights, will directly affect the business reputation of the sending agencies, it isdifficult to absorb the workers, is bound to affect their interests in the long term.Finally, unequal pay for equal dispatched workers lack a sense of belonging to thelabor units, and work actively reduced efficiency in the workplace. In extreme cases,the dispatched workers may be out of revenge, vandalism labor units produced.Therefore, dispatching unequal pay for equal work situation must be resolved.The paper analyzes on the basis of the theory of China’s dispatch of equal pay forequal work，sorts out provisions about equal pay for equal work of labor dispatch. On this basis, the paper analyzes achieve the specific problems faced by the equal payfor equal work, and finally proposed to improve the relevant legal system, and theviews of the supporting measures, in order to realize some benefits of equal pay forequal rights of labor dispatch, so as to promote social labor relations moreharmonious development.