Research On The Judgement Of The Right To Equal Pay For Equal Work Of The Dispatched Workers

In the 1970 s,labor dispatch was introduced into China’s labor market in order to adapt to the more flexible market demand for labor.Different from the traditional way of employment,labor dispatch involves three parties: the dispatching unit,the employing unit and the dispatched worker.This is because this special relationship constitutes that labor dispatch is easy to be used by units to evade the regulation of equal pay for equal work.With the development of labor dispatch,even the labor dispatch of the employing units accounts for the majority,and a large number of dispatched laborers have their right to equal pay for equal work infringed upon.However,only a small number of laborers choose to protect their rights through judicial relief.This paper were collected from 2014 to 2018 in Beijing,Shanghai,Guangdong,Jiangsu and Hebei five provinces and cities of labor dispatch equal pay for equal work,written judgment on the number of cases,judgment reason,such as statistics and analysis,found the dispatched workers difficult to claim the right to equal pay for equal work is mainly because the cause of difficulties of proof,the lack of facts and legal basis as well as to the "workers" and the definition of "equal pay" definition is not clear,the judge due to the workload and risk is too big and activist,etc.Based on the above research,this paper finds the main problems existing in the judicial relief of equal pay for equal work in labor dispatch in China,and puts forward Suggestions for these problems: Suggestions from the legislative and administrative norms,the writer make a clear definition of the concept of equal pay for equal work and standards,clearly the burden of proof,make guiding post classified catalogue and labor remunerationguidelines,regularly publish all kinds of labor remuneration reference standard,the implementation of the dispatched workers’ right to know,in order to through the right to equal pay for equal work of further perfection of the judicial relief,make the legitimate labor rights and interests of the dispatched workers have been fully and tangible.