A Study On Legal Issues Of Equal Pay In Labor Dispatch

The phenomenon of different pay for the same work is more common in labor dispatch.Dispatched workers have a variety of ways to protect their rights,relatively speaking,it is more difficult to seek judicial relief.Labor dispatch is a labor mode introduced in China in the 1970 s and 1980 s,which includes three main bodies: labor dispatch units,labor units and dispatched workers.This labor mode reduces the employment pressure of China’s labor market to a certain extent,and plays a positive role in promoting labor market mobility.However,due to the separation of "employment and use" in labor dispatch,the over-principled legal provisions and the differences in the understanding and understanding of equal pay for equal work in judicial practice,the workers’ compensation claim rights in labor dispatch are more vulnerable to infringement,attracting social attention.Starting from the legal dilemma of equal pay for equal work in labor dispatch,this paper aims to improve the legal system of corresponding labor compensation protection in China’s current labor dispatch in order to safeguard the compensation claim rights of dispatched workers.This paper argues that equal pay for equal work is not equal to the egalitarianism and absolutism of job position and labor remuneration,which should be measured by relative and quantitative factors.First,through the theoretical basis behind equal pay,the connotation of equal pay for equal work is re-examined.Equal pay for equal work is an important embodiment of the principle of prohibition of discrimination in the field of labor law,as well as the concrete embodiment of the concept of "equality" and "human rights protection" in China’s Constitution.Secondly,by sorting out the legal basis of equal pay for equal work,it seeks the legislative basis for the protection of relevant compensation claim rights in practice and provides reference for the improvement of relevant legislation.It can be seen that in practice,the poor maneuverability of some provisions of equal pay for equal work in China’s labor dispatch is the root of the phenomenon of different pay for equal work.Thirdly,in the provisions of equal pay for equal work in overseas labor dispatch,such as the solutions of the International Labor Organization,the United States and Japan to the problem of equal pay for equal work,there are measures worthy of reference for China.Finally,through the comparative analysis method,combining with the present employment environment in our country,put forward by perfecting the existing rules of equal pay for equal work in the labor dispatch,staffing firms and accepting units responsibilities distribution,give full play to the collective wage consultation system efficiency and improve the labor dispatching supervision four equal pay for equal work perfect,perfect to the problems proposed in this paper.The way for the dispatched workers to safeguard their right to equal pay for equal work is more complicated,which involves the effective connection,effective play and effective supervision of various measures.In the field of law,this paper takes the maintenance of equal pay for equal work in labor dispatch as the starting point,with a view to analyzing the specific legal measures to improve equal pay for equal work in labor dispatch,so that the rights and interests of the dispatched workers should be protected by law are put in place,so that they can be properly and fully protected.