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Protection For The Right To Equal Pay For Equal Work Of Dispatched Workers

Posted on:2018-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ManFull Text:PDF
GTID:2346330518981893Subject:Law
Abstract/Summary:PDF Full Text Request
Labor Dispatch is a new employment pattern introduced in the initial stage of China's economic restructuring in 1970 s.Due to the difference from traditional constitution of labor relationship,the trilateral relation in Labor Dispatch,including labor relation and general Civil contract relation is utilized by many Accepting Entities to avoid the principle of equal pay for equal work,lowering their costs by squeezing the dispatched workers through unequal pay for equal work.Despite the common occurrence of unequal pay for equal work in Labor Dispatch,few of the dispatched workers truly claim their rights through judicial relief,and even few of the cases are supported by the Court.“No remedies,no rights”.Judicial relief is the last line to safeguard the rights for equal pay for equal work in Labor Dispatch.If this right could not be guaranteed by judicial relief,the intention to protect the rights of equal pay for dispatched workers by legislation will be in vain.Beginning with analysis on a large number of judgment documents in recent years,this Paper summarizes the basis and views from relevant judgment documents and studies the trilateral relation in Labor Dispatch,the connotation of the right of equal pay for equal work,the features and causes of equal pay for equal work in judicial relief,reaching the facts of what the judicial relief is facing for the equal pay for equal work in present Labor Dispatch,such as different criteria for “equal work”,imprecise extension of “equal pay”,complicated accounting and lack of reference,vague distribution of evidential burden.The judges play cold with judicial activism because of heavy workload and high risks etc.Commencing from legislation and administrative regulation,the author puts forward some suggestion on the following points: to further specify the definition and criteria for equal pay for equal work,to make instructive post classification directory and labor remuneration structure guideline,to release reference standard for different posts in different places periodically,to implement the measures for dispatched workers for their rights to know;To develop the judges internally,taking advantage of the judicial reform,more improvements for security system should be made to help the judge to handle cases,fully motivating the positivity and initiatives of the judges against judicial activism.To further optimize the judicial relief for equal pay for equal work,in which way the legal rights for the dispatched workers could be sufficiently and practically protected.
Keywords/Search Tags:Labor Dispatch, Equal pay for equal work, Judicial relief, Cause, Countermeasure
PDF Full Text Request
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