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An Empirical Study On The System Of Equal Pay For Work Of Equal Value In Labor Dispatch

Posted on:2018-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:C Z MuFull Text:PDF
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The form of labor dispatch can be said to be the product of the market economy,because the rapid development of labor dispatching in China is accompanied by the continuous and deepening of reform and opening up.However,due to our country in the process of reform and opening up,the construction of various legal mechanisms is extremely lagging,making labor dispatch in the process of development rarely subject to supervision and regulation,so labor units in order to reduce production and operation costs,and even collusion with the employer,Often jeopardize the legitimate rights and interests of the dispatched workers,especially the same way to pay home work.Although China's "Labor Contract Law" after the revision of 2012,to strengthen the dispatched workers "equal pay" protection,but there are still many imperfections,many provisions are too principle,abstraction,poor operability,such as for The definition of "equal pay for equal work".On the other hand,as a major basis for resolving disputes,the procedural law is also very large in this respect.At present,there is no country or region of labor legislation in the labor dispatch of equal pay for equal shares of the burden of proof,joint and several issues to make specific provisions,so that workers are sent in the real social life to protect their legitimate rights and interests Suffered a great deal of trouble.Based on the basic theory and the principles and provisions of labor legislation,this paper puts forward some suggestions on how to solve the problem of labor disputes in China,and puts forward some suggestions on how to solve the problem of labor in China.First of all,for the "peer" that should be based on the actual content of the work as a standard,with reference to the "reference system";in the "equal pay" on the identification of various benefits should be differentiated between the different nature of the decision whether to include Inside.In the labor dispatch of equal pay for equal rights to bear the burden of proof,the author of the legal relationship between the parties involved in labor dispatch to make a clear definition of the scope.The joint and several liability in the legal liability for dispatching equal pay disputes for labor services has been largely neglected because of its existence and partial division,and many scholars' writings have neglected this point.At the same time,it has not been considered on the basis of the "Labor Contract Law" The labor unit shall analyze the joint and several liability for the legal obligation of the dispatched laborer.Based on the elaboration of the above related issues,the author clarifies the theoretical basis of the joint and several liability in the legal liability of the equal pay for equal shares,and then points out the status of the joint and several liability system in the legal liability of equal pay for equal pay disputes at home and abroad,China's labor service dispatch of equal pay for equal pay disputes in the joint liability system in the construction of the shortcomings,and then based on the shortcomings of the proposed improvement of the specific construction,one is to improve the joint responsibility of the way,the second is to restore the employing units to bear joint and several liability Of the provisions of the third is to clear the work of sending equal pay for equal pay joint legal responsibility for joint liability compensation standards,the fourth is to provide special subsidies or the establishment of special funds.
Keywords/Search Tags:labor dispatch, equal pay for work of equal value, burden of proof, joint liability
PDF Full Text Request
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