The Legislative Perfection Of The Equal Pay For Equal Work In Labor Dispatching

Labor dispatching problem has become a serious hidden danger to threaten the stable development of China’s labor market. In fact, the nature of labor dispatching problem is equal pay for equal work problems, which led to the abuse of labor dispatching, expanded and mainstream. To achieve equal pay for equal work in labor dispatching is not only the necessity of reality, but also the inevitable requirement of labor legislation to safeguard legitimate rights and interests of workers. This paper discusses the understanding of "equal pay for equal work" in labor dispatch through detailed analysis of labor dispatch legal relationship, and also deeply analysis the current labor dispatching workers phenomenon and the cause of the differences and pointed out the dangers of getting different pay for dispatched workers, full-time workers, employers and the whole society. In China, protecting the equal pay for equal work right of labor dispatching work has realistic necessity and social economic value, it has positive significance to dissolve the labor conflicts, stabilize the market order and realize social justice. However, The lack of labor dispatch legislation render that workers’ equal pay for equal work cannot be protected, labor dispatching based on identity discrimination to get different pay practices need to be corrected. The author argues that we should through legislation to clear and perfect safeguard dispatched workers right to equal pay for equal work and curb abnormal development of labor dispatching. This paper puts forward legislative suggestions from five aspects,1. Refining and improving the relevant laws and regulations; 2. Improving the administrative supervision system; 3. Establishing the supervision of autonomous organization; 4. Perfecting the right remedy of equal pay for equal work; 5. Establishing the market-oriented salary distribution system.