The Confusion And Solution For Labor Dispatching Of Equal Pay

As a flexible, atypical employment system, labor dispatching was born in the1920 s in Britain and other developed countries, and then it was introduced into China around 19 thcentury. Followed by the rapid development of the labor dispatching,violations of labor's rights have occurred frequently, whose prosperity also reflects the deficiencies of this system. To solve this problem, the fundamental reason for the irrational development of labor dispatching system must be found, but the academia have different opinions about that. There has been controversy in the academia how the dispatching deteriorated, while I believe that the root reason of the dispatch system lies in not implementing of equal pay for equal work in real earnest. Although there are some related regulations made in China's "Labor Contract Law" and some local laws, they didn't work on well, and the situation of workers hasn't changed.Based on the present situation of labor dispatching as well as the law and practice of equal pay for equal work, this essay is going to define the concept of equal pay for equal labor, especially the special meaning of it. Then, it is to analyze the reasons for reality of unequal pay for equal labor dispatching and provide some practical solutions to the problem of unequal pay for equal labor.The methods of case analysis, statute analysis, literature study, analytic induction and comparison are adopted here. Firstly this paper discusses the cause of the irrational spread of labor dispatching, namely equal pay for equal work.Secondly, it analyzes and discusses the concept of equal pay for equal labor and then makes some comments on the two views concerning the legitimacy of equal pay for equal work which are proposed by the academic. Then the reasons for the difficulty in the implementation of equal pay for equal work is analyzed again. Finally, the solution to equal pay for equal work is raised.This paper argues that equal pay is a widely accepted international norm and its existence has some legitimate rationality. First, it should be analyzed under the affirmative circumstance, equal pay should not be considered to be absolutely fair,and namely the same job must get the same pay. A reasonable difference in the labor dispatching by the official workers' remuneration should be allowed, but the key is to ensure that labor dispatching workers and regular workers should share the same scientific salary distribution system. Second, perfect the regulations related to equal pay and the legal liability of equal pay law. Central ministries and local community sector should establish the appropriate management practices and provisions related to equal pay. Further, provide certain discretion to the court and allow the judges ro protect the laborer legal interest combined with the individual practical case.Meanwhile it is also important to enhance the efforts to enforce law and the role of labor unions, thus to achieve the goal of equal pay for equal work under the labor dispatching system.