| Equal pay for equal work is a fundamental human right. “Equal pay for equal work” in labor dispatch is not only the need of protecting the laborer’ legitimate rights and interests, but also is a requirement to guarantee the healthy development of enterprises, in addition,it is a key aspect in the construction of a harmonious socialist society. In 2012, Article 63 of the newly revised Amendment to Labor Contract Law states very clearly about dispatched employees’ “equal pay for equal work”, therefore, dispatched employees’ “equal pay for equal work” is under the protection of a clear and specific law. It has been nearly 2 years since Amendment to Labor Contract Law officially launched on July 1, 2013, and the provisions of “ equal pay for equal work ” for dispatched employees have achieved good effect in practice. But even so, at current stage, dispatched employees’ basic human right has not been truly and fully achieved in our country, and the Amendment’s provisions of “equal pay for equal work” for dispatched employees have continuously encountered “value loss” situations in the past 2 years’ practice. Because of the provisions about “equal pay for equal work”for dispatched employees in the Amendment are too abstract and too fundamental, it has caused many legal issues during implementation, such as inconsistent understanding of “equal pay for equal work”, prevarication among subjects of a duty, common lack of supervision, imputation difficulty among liability subjects, and etc. In view of the above mentioned practical problems, to ensure “equal pay for equal work” in labor dispatch to be fully and effectively achieved in practice at current China, Rules for the Implementation of “Equal Pay for Equal Work”for Dispatched Employees should be made in legislation, and it specify its detailed connotation, the tripartite main body’s rights and duties and legal liability, and a supervisory mechanism should be built to ensure its smooth implementation. |
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