Research On The Burden Of Proof In Labor Dispatch Cases Of Equal Pay For Equal Work

Due to the need of labor market,labor dispatching,a special way of employment,is a supplement to the employment form of enterprises."The employer does not care,the person in charge does not use" is an overview of its basic characteristics.There are many practical problems in labor dispatch,among which the problem of different pay for the same work is especially prominent.The law stipulates that laborers enjoy the substantive right of equal pay for equal work,but this provision is too principled and lacks uniform identification standards and judgment rules in the interpretation and implementation of the law,which cannot effectively solve the problems in the dispute of equal pay for equal work in labor dispatch.In the actual trial of the court,the case is judged according to the evidence provided by both parties,so the evidence of the original defendant plays a decisive role in the outcome of the case.The distribution of burden of proof is different in the case of equal pay for labor dispatch,which leads to different judgment results in the same type of cases.Therefore,based on the research of equal pay for equal work in labor dispatch,this paper expounds in detail the burden of proof.The author studied this topic from five parts:The first part mainly describes the research background,significance,literature review,research methods and innovation of the topic.The second part is about the basic theory of burden of proof of equal pay in labor dispatch.Can be divided into two parts: one is the labor dispatch equal pay overview;Second,several theories about the distribution of burden of proof in labor disputes.The third part is some cases of equal pay for equal work in labor dispatch collected by the author from the Internet of Chinese referee documents.Through the research,find out the common problems of burden of proof distribution,and analyze the causes of these problems.The fourth part is some relevant provisions on the burden of proof in labor dispatch cases of equal pay for equal work.The fifth part is the countermeasures and Suggestions on the distribution of burden of proof in equal pay cases of labor dispatching.To improve the judicial application of the distribution of burden of proof;Further clarify the subject of responsibility;The content of proof and proof that the three parties of labor dispatch shall bear respectively.This paper studies the distribution of burden of proof in labor dispatch cases of equal pay for equal work,in order to provide reference for judicial practice,realize the "equality" of all parties in burden of proof,guarantee the fundamental interests of dispatched workers and safeguard judicial justice.