Research On The Legal Issues Of Equal Pay For Equal Work In Labor Dispatch

In the face of the current situation of chaos in labor dispatching,strict implementation of equal pay for equal work is the key to solving the problem of labor dispatching.To achieve equal pay for equal work,it is necessary to clarify the definition standard of equal pay for equal work,clarify the legal relationship of labor dispatch,correctly allocate the burden of proof,and effectively play the role of labor security supervision.Equal pay for equal work is applicable to the same position within the same unit.The concept of "equal pay for equal value" is introduced in the identification of "equal work",using quantitative and qualitative methods to evaluate work performance,highlighting the characteristics of "equal work" to establish post classification management The system excludes the influence of identity factors;"remuneration" adopts a broad interpretation,it is necessary to establish a unified remuneration system to ensure the realization of "equal remuneration".As far as the legal relationship of labor dispatching is concerned,the transfer of labor process control based on the theory of one-tier labor relations is adopted.The dispatched laborer only has a labor relationship with the dispatching unit and cannot be regarded as a labor relationship with the laborer.Due to the weakened dependency between the employer and the dispatched worker,a special relationship close to the labor relationship is formed.During the control process and within the scope of working conditions,the employer and the dispatcher shall bear the damage caused to the dispatched worker.Joint responsibility.In the relief procedure for equal pay for equal work,the traditional mechanical method of inversion of the burden of proof is abandoned,and the common rules of burden of proof apply.In addition,the regulation of the behavior of labor dispatching is implemented by administrative agencies.Compared with the administrative licensing of pre-examination,the registration and filing system of post-examination obviously has greater administrative measures.Of course,the construction of high-quality personnel for labor security supervision and law enforcement is more administrative than administrative.Law enforcement measures have the same importance and are also one of the important directions for the improvement of the system.