Research On Legal System Of Equal Pay For Equal Mwork In Labor Dispatching

Labor dispatching is a complementary and flexible three-party employment mode in which the laborers signing a labor contract with labor dispatch service provider are dispatched to the accepting entity.The Labor Contract Law of the People's Republic of China has acknowledged the legal relationships of labor dispatch.Recent ten years have witnessed the rapid development of labor dispatch industry in China,which has led to a series of problems,and the striking one is the huge gap between remuneration of the laborers dispatched and that of regular employees,as well as failure to assure equal pay for equal work as required by law.Due to the defective provisions concerning labor dispatch's equal pay for equal work in existing labor law,laborers dispatched have suffered not only from identity discrimination but also from the unequal treatment in terms of remuneration.To study the legal system about labor dispatch's equal pay for equal work is of positive theoretical value and realistic significance.First,present theoretical world concentrates on the macro issue about labor dispatching system,seldom studying the micro issue about labor dispatch's equal pay for equal work.In addition,numbers of present studies highlight social economy,without taking account of the legal perspective as a key link.To study the legal system about labor dispatch's equal pay for equal work can provide new thoughts for the explorations on the theory of labor dispatching system.Second,since labor remuneration is a greatest concern of laborers,to study the legal system about labor dispatch's equal pay for equal work is of important realistic significance to protecting the legitimate rights and interests of the dispatched laborers,realizing social equity and establishing a harmonious and stable labor relationship.Based on the theories of labor dispatching and equal pay for equal work,this paper straightens out and analyzes China's existing legal provisions concerning labor dispatch's equal pay for equal work.The findings show that legislation is excessively broad and principled,with the specific embodiments including unclear determining standards of equal pay for equal work,simple requirements for the establishment of labor dispatch service unit,inexplicit provisions for legal liabilities,unsound administrative supervision system,and unreasonable allocation of the burden of proof during dispute settlement.Facing the legislative defects concerning labor dispatch's equal pay for equal work,this paper studies relevant legislative experience.Then,in accordance with China's actual condition,this paper proposes corresponding legislative suggestions,including enacting a unified determining standard for equal work for equal pay,specifying the attribution of legal liabilities,establishing an effective administrative supervision system,and reasonably allocating the burden of proof for the sake of dispute resolution.To guarantee laborer's right to obtain equal pay for equal work in labor dispatch relates not only to social equity and justice but also to the stable and healthy development of labor market.It is hoped that the legislative suggestions in this study can improve corresponding legal systems of China,and protect dispatched laborer's right to obtain equal pay for equal work.In this way,not only formal equity but also essential equity can be assured.