Legal Study On The Principle Of Equal Remuneration For Work Of Equal Value

Equal remuneration for work of equal value is embodiment of the principle of equality in the labor field. It has been established by some international conventions as well as many countries. In china, it also has been confirmed by constitution and some other laws, the legitimacy and necessity is not in doubt. But, the phenomenon of unequal pay for equal work is very common in china, especially on gender, labor dispatch and organization issue. On these aspects, labors always fail when they try to seek legal relief.Based on some typical problems from the application of the principle of equal remuneration for work of equal value, by case study, system analysis and comparative analysis, this article have comprehensive study on some basic issues of the principle of equal remuneration for work of equal value, such as the meaning, legal property, scope of application of this principle; gives some reasonable explanation for some confusion in theory and practice; finds the fundamental reason of the phenomenon of unequal pay for equal work, and gives some constructional suggestion for the perfect of this principle.This paper finds that, equal work of value is the nature and final safeguard of the principle of equal pay for equal value, it is necessary to use some evaluation method to evaluate the value of work, so that it will become more difficult for someone who wants to avoid the law. The foundation of the principle is the right of equal; it is some kinds of ratio equal, not equalitarianism, emphasize formal equality instead of substantive equality; this principle can only be applied on the employee who has labor relations with the employer; In order to realize this principle, we need to increase the responsibility of employers, improve the efficiency of administrative supervision, improve the rules of the burden of proof, and ensue the common development of opportunity equality and pay equality.