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Research On The Issue Of Equal Pay For Equal Work For Labor Dispatching Workers

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiuFull Text:PDF
GTID:2427330602968382Subject:legal
Abstract/Summary:PDF Full Text Request
At present,labor dispatching,as a new type of employment method,plays an important role in saving labor costs.However,in the actual employment process,labor disputes have also increased,and violations of dispatched workers' rights and interests have emerged endlessly,especially in labor dispatched workers.In terms of equal pay for equal work,the right to equal pay for equal work is not only a basic material security right for workers,but also has the attributes of personal rights.Therefore,it is of theoretical and practical significance to study the issue of equal pay for labor dispatch workers.Proceeding from labor dispatch related theories,the in-depth discussion of the connotation of labor dispatch and "equal pay for equal work",taking the judicial judgment documents of Jiangsu Province as the research object,investigating the judicial status of equal pay for equal work in labor dispatch,using statistical analysis methods,literature research methods and other research methods A systematic analysis of the referee documents involving equal pay for equal work in labor dispatch cases in Jiangsu Province from 2014 to 2018.The analysis found that in the current judicial practice,the number of cases of equal pay for labor service dispatching is "inverted U-shaped" in the entire labor dispute case.The rate of success for workers seeking equal pay for equal work is low,and cases that have been rejected due to lack of legal basis A large proportion.The reasons for this phenomenon are: the lack of workers' rights awareness,the burden of proof among workers in the tripartite body is heavy,and the judges lack legal and factual basis.Therefore,on the basis of increasing publicity and awareness of workers' rights protection,theoretically unify the standards of equal pay for equal work to avoid different judgments in the same case,explore the establishment of new remedies,and introduce third-party labor disputes.Solve the platform,improve the burden of proof system,truly implement the principle of "who advocates,who will give evidence",effectively solve the problem of the burden of proof of vulnerable groups,effectively combine legislation and administration,increase public relief,and use diversified solutions Mechanism to further promote the protection of labor dispatch workers' equal pay rights.
Keywords/Search Tags:Labor dispatch, Labor dispatcher, Equal pay for equal work, Material security, Labor diputes
PDF Full Text Request
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