Research On Legal Issues Of "Equal Pay For Equal Work" In Labor Dispatching

As a kind of auxiliary forms of employment, Labor Dispatching not only meetsthe demand of enterprise’s flexible employment but also reduce the labor costs，soLabor Dispatching is welcomed by enterprises in our country, even become the mainform of employment in some enterprises. In the boom development of laborDispatching, problems emerge in endlessly, the most serious problem is，no equalwage and welfare treatment for same work. Despite the Article63in Labor ContractLaw have regulations on “equal pay for equal work” of dispatched workers,however the rules are principle, it’s lack of clear legal definition and operating rules,so in the practice of Labor Dispatching the execution effect of “equal pay for equalwork” is not ideal. Over the years, problem of no equal pay for equal work in LaborDispatching is widely queried, the problem not only damages the laborer’s rights andinterests also affects the harmonious development of labor relations in China. Facingthe increasingly serious problem in Labor Dispatching and the failure regulation ofLabor Contract Law, our country revised the Labor Contract Law in December2012and carried on the significant adjustment on Labor Dispatching, so people begin topay more attention to the provision of “equal pay for equal work”. Therefore, basedon the problem of “equal pay for equal work” and combined with the revision ofLabor Contract Law, this paper will discuss what issues of “equal pay for equalwork” in Labor Dispatching have been solved, how to interpret and apply therelevant provisions of “equal pay for equal work”, and what issues still exist. Hopingsupply the improving suggestions for these problems.The paper is divided into four parts to study “equal pay for equal work” in theLabor Dispatching. Firstly, setting connotation analysis of “equal pay for equalwork” as a starting point. The author analyze “equal pay for equal work” in LaborDispatching from two aspects. In the first, discuss the theoretical definition,“equalpay for equal work” is an legal principle in the labor law, but for its connotation,whether domestic or international labor legislation have no clear and detailed explanation. In the second level, combining with the particularity of LaborDispatching, the paper analyzes the characteristics of “equal pay for equal work” inLabor Dispatching, to establish the theory basis for the studying of “equal pay forequal work” in Labor Dispatching.Secondly, basing on the discussion above, interprete the cognizance standard of“equal pay for equal work” in Labor Dispatching. Combining with the relevantprovisions of “equal pay for equal work” in this revision of Labor Contract Law andthe different configuration mode of Labor Dispatching, study the Identificationstandard of “equal pay for equal work” in the labor dispatching. This part the authorwill discuss from two levels, the first one is “equal pay for equal work” in hybridconfiguration mode; the second is “equal pay for equal work” in the independentmodel configuration mode. Also, every part will include specific standards for "samework" and "equal pay".Thirdly, through the discussion above, to be sure, the revision of the LaborContract Law makes some elaboration, but how to find right remedy still have nosolution. the implementation of “equal pay for equal work” lack of effective supportin terms of legal responsibility. Therefore, this part will mainly discuss legal liabilityof no equal wage and welfare treatment in Labor Dispatching. The studying Isdivided into two parts, first part is the obligation and legal responsibility of dispatchunits and employment units, the author will analysis which current legal liabilityclause can be directly applied into no equal wage and welfare treatment in labordispatching, if there is corresponding legal liability clause, and then, what aspectsshould be perfected so that the rights and interests of dispatched workers can bebetter preserved.Finally, the author will discuss the distribution of evidential burden on “equalpay for equal work” in labor dispatching. As the revision of Labor Contract Law wasput into effect, the right of “equal pay for equal work” has been strengthened, butstill lack of procedural rights, which may actually block the realization of rights on“equal pay for equal work”. In the procedural remedy of “equal pay for equal work”,the distribution of evidential burden is particularly important. For this problem, theauthor will discuss from two aspects. First analyze the present situation of the distribution of evidential burden and put forward the existing problems. Then, inview of these existing problems, the author will give some perfecting suggestions,hoping to provide effective support for the dispatched workers to safeguard theirrights on “equal pay for equal work”.