China promulgated the Decision on Amending the Labor Contract Law in 2012.The amendment to the Labor Contract Law mainly regulates the labor dispatch business,with the aim of protecting the equal pay for equal pay for workers dispatched.This right is the most basic and most important and urgently needed to be dispatched to the workers.Article 63 of the Amendment to the Labor Contract Law expressly provides that the equal pay for workers and dispatched workers can be protected by law.This provision provides for the equal rights of dispatched personnel and formal employees to equal treatment,so that labor service providers have the right to follow the law.But only the provision is not sufficient to maintain the equal pay for equal pay for workers and workers."Labor Contract Law Amendment" to implement more than three years,although a certain implementation effect,but with the expected effect there is a certain gap.The purpose of this paper is to further analyze the actual implementation effect of the labor dispatch system since the implementation of the amendment of the Labor Contract Law,to find out the problems existing in the system of equal pay for equal work,to analyze the causes behind the problems and to actively seek solutions.This paper studies the present situation of the legislation of equal pay for equal work in labor dispatching in China,and summarizes the problems existing in the law of equal pay for equal work in our country.Through the analysis of the law,combined with the reality,to explore whether the law of equal pay for equal rights in the legitimacy level,the operational level,the reality level to achieve the standard.In the second part,through the investigation of the salaries of labor dispatch workers,the real data are analyzed,the differences between the dispatch workers and the formal employees are analyzed,and the causes of the disparity of the labor dispatch system are summarized.And to.this part of the extracted questions to be one by one to respond.In the end,this paper puts forward a bold conception of the lack of legislation on equal pay for equal pay for labor dispatch,especially legal relief.Of course,this idea is based on the objective basis of investigation and study.In the three main body rights are infringed upon in accordance with the provisions of the law to resolve the dispute rather than relying solely on the distribution of social responsibility or the so-called fairness and justice. |