On The Protection Of The Rights And Interests Of Equal Pay For Equal Work For Dispatched Workers

In the 1970 s and 1980 s,in order to adapt to the reform and opening up and the continuous development of social production,labor dispatch was entered into China.As a special form of modern labor market,it not only meets the needs of diversified employment of workers,but also plays an important role in cost saving.However,with the continuous increase of the number and proportion of dispatched workers,the phenomenon of abuse of dispatched workers and infringement on the rights and interests of dispatched workers has emerged.Among them,the problem of unequal pay for equal work,which is most related to the interests of the dispatched workers,is the most significant,and the widespread existence of unequal pay for equal work seriously hinders the realization of the legal rights of the dispatched workers.As an important legal system in China’s current labor law system,equal pay for equal work carries important values such as maintaining social fairness and opposing identity discrimination.First of all,in this paper,the system itself contains the value concept of equal pay for equal work and relevant law to comb,and on the basis of the study of the context of labor dispatch system of equal pay for equal work,through the analysis found that although our country legislation to send worker has the right to equal pay for equal work to make clear a regulation,but due to the lack of actual operational rules,and the lack of relevant rules,As a result,the system of equal pay for equal work has not been really implemented in practice.Secondly,this paper collects and analyses the 2014-2021 since 100 judicial documents on labor dispatch equal pay for equal work,and for each sentence written judgment reasons of carding and analysis,found the dispatched workers through litigation claim for support of rare,in this paper collected 100 copies of the written judgment,Only one claim for equal pay won support.By analyzing the relevant judicial cases and found that the problem,summed up the dispatched laborer equal pay for equal work rights are difficult to obtain effective relief by suit reason mainly because our country relevant labor legislation to define the lack of a clear definition,laborer equal pay for equal work burden of proof burden,to get different pay behavior lack of discipline,supervision mechanism is not sound cause and control,etc.Finally,based on in-depth research and advanced experience from abroad,the following suggestions are put forward for the above problems: The legislature should further to perfect the labor dispatch relevant legal provisions of equal pay for equal work,including to define the concept of equal pay for equal work,perfect the rules of distribution of evidential burden and increase penalties for violation of the stipulations of equal pay for equal work behavior,at the same time the Labour administrative department shall strengthen the supervision of enterprise labor dispatching employment situation.This paper focuses on the problems in the legislation and judicial practice of the protection of equal pay for equal work rights and interests of dispatched workers,analyzes the reasons that block the realization of equal pay for equal work rights and interests of dispatched workers,and find out the corresponding feasible methods,so as to ensure the rights of dispatched workers.