Predicament And Outlet: An Empirical Study On The Equal Pay For Equal Work

Equal pay for equal work embodies the value concept of equal employment for workers and discrimination against employment,and its legitimacy embodies a wide range of international conventions and national legislation.There are relevant regulations on equal pay for equal work from the Constitution,the Labor Department Law,and related regulatory documents in our country.However,the application of equal pay for equal work is not satisfactory in our country.This article looks at the judicial practice of equal pay for equal work and uses empirical research methods to statistically analyze the judicial adjudicative documents of equal pay for equal work to form empirical materials,and then presents the problem of equal pay for equal work in judicial practice.On the basis of this,a combination of normative research methods explores the causes of predicament in the application of equal pay for equal work from the theoretical,legislative,judicial and practical aspects,and then this article puts forward specific proposals from theory,legislation and justice to explore the path of equal pay for equal work.The author's statistics on 143 judgment documents show that there are many problems in the current judicial practice of equal pay for equal work.Firstly,judging from the status quo of judicial adjudication,the judiciary does not support workers' equal pay for equal work.And it is difficult for laborers to achieve equal pay for equal work through judicial procedures.Secondly,judging from the grounds of the referees,the grounds for refereeing that are not supported focus on the evidence,the labor contract agreement,and the employer's autonomy in labor.And the reasons for the referee show a variety of trends.Thirdly,judging from the legal basis,the legal basis for the highest number of equal pay cases for equal work is not related to equal pay for equal work,whichshows that the relevant laws and regulations on equal pay for work of equal value do not support the judgment of the judiciary.The reasons for the tracing of the judicial decisions reflected by the statistical results can be traced back to three aspects: theory,legislation and judicature.Firstly,the legal orientation of equal pay for equal work is unclear from a theoretical perspective.Secondly,the current labor laws and regulations lack the interpretation of the concept of equal pay for equal work,the clear definition of "equal work" and "equal pay" and the clear stipulation of legal responsibility from a legislative point of view.Thirdly,judicially,no effective rules of adjudication have been formed in judicial practice.The concrete manifestations are as follows: a complete system of burden of proof has not yet been established,and the judiciary over-interprets the autonomy of employers in employing labor,and the labor contract regulations conflict with equal pay for equal work.Fourthly,the identity management barriers that are currently fostered by the dual-track employment system existin in terms of reality.According to the problems presented by the above status quo of judicial adjudication,the author starts from the legislative theory and the explanation theory to explore the applicable path for equal pay for equal work.Firstly,it uses the extraterritorial experience logic to reconstruct the constituent elements of equal pay for equal work.It defines the two elements of “equal work” and“ equal pay ” in the form of legislation,and sets the justification for the employer to improve the connotation of equal pay for equal work.Secondly,we should clarify the rules of contract interpretation in the "Labor Contract Law" and eliminate the conflicts between the labor contract agreement and equal pay for equal work through the legislative approach.Thirdly,a scientific proof responsibility system for equal pay for work of equal value should be established.The redistribution of laborers' and employers' proof content in theequal pay for equal work process should be implemented,and the laborers' and employer's certification contents should be clearly defined.Fourthly,we should improve the legal responsibility provisions for equal pay for equal work to establish a responsibility system that combines civil liability and administrative responsibility,and increase the employer's illegal cost of equal pay for equal work to ensure the smooth progress of equal pay for equal work through the legislative approach.Fifthly,the identity management barriers of laborers should be eliminated from the judicial review and labor market reforms,and the path of interpretation is gradually weakened from the judicial perspective in the same-salary equal-remuner litigation review of laborers.In this situation labor market reforms are actively promoted,and the dual-track employment system is abolished.Sixthly,the establishment of a "convenience or review" convenient way and a convenient way of class action to jointly build a procedural guarantee mechanism for equal pay for equal pay.