Probe Into The Issue Of Equal Pay For Equal Work

Equal pay for work of equal value is the topic of labor law and anti-discrimination in the world.Due to the relatively late establishment of the relevant system for equal pay for equal work in the country,there is still a certain gap between the implementation of equal pay for equal work in our country and Western countries represented by European countries.The research idea of this article is to collect and analyze the lawsuits concerning equal pay for equal work and to find the problems existing in the application of equal pay for equal work in our country’s judicial practice.Then we analyze the causes of the above problems based on this guidance.On this basis,we can draw lessons from the relevant foreign references on equal pay for equal work.Institutions and judicial practice have proposed suggestions for improving the application of equal pay for equal work in China’s judicial practice.Based on the above ideas,the paper is divided into four parts.The first part introduces the development of the equal pay system for equal work in China.The system of equal pay for work of equal value has been accompanied by labor legislation.After the reform and opening up,labor legislation has undergone three stages of development.A system of equal pay for equal work has been initially established.Clearly clarifying the legal norms is a precondition for studying the judicial application of certain legal systems.In order to clarify the preconditions for the application of equal pay for equal work in China,this part also sorts out the legal provisions concerning the equal pay system for equal work in China.The second part of the statistical analysis of China’s 2016 lawsuits involving equal pay for equal work.In this paper,based on Pkulaw’s 2016 labor disputes and personnel dispute cases as the statistical base,and using the keyword “equal pay for equal work” as the key word,a total of 566 original cases were obtained.After eliminating the influence of the series of cases,a total of 288 valid cases were obtained.The above valid cases were divided into three categories: the laborer’s winning rate,the reference object,and the laborer’s litigation request item.The results show that in the current stage of equal pay for equal work,there are problems in the judicial practice such as the low rate of success of the laborer,the unclear object of reference by the laborer,and the unequal treatmentmainly involving the wage of the laborer.The third part analyzes the causes of the difficulties in the application of equal pay for equal work in the judicial practice in our country.This article finds the following reasons:On the whole,our country’s regulations on equal pay for equal work are more principled and not based on an anti-discrimination system;With regard to the application of the substantive law,In the equal pay for equal work,the definition of "equal work" and "equal pay" is not clear,The labor remuneration items that belong to the employer’s own business scope are not clear,and the labor contract stipulates whether it is unclear whether equal wages can be resisted by the same work;In the proceedings,the burden of proof on the worker is excessive.The fourth part combines overseas experience on equal pay for equal work and proposes to promote the application of equal pay for equal work in our country.This article believes that in order to promote the implementation of equal pay for equal work in our country,we must first recognize the reality of identity discrimination and employment discrimination in real life in our country,and regard equal pay for equal work as an organic component of anti-discrimination.It is necessary to clarify the nature of equal pay for equal work,equal pay for equal work and the minimum wage standard belong to different institutional arrangements,and it is not possible to replace the examination of equal pay for equal work by whether or not the review wage meets the minimum wage standard;Although equal pay for equal work is more in favor of legal principles in the current legal provisions of our country,it is still mandatory,and the labor contract agreement that violates equal pay for equal work should be invalid.For the identification of “equal work” in specific cases,the reference object proposed by the laborer should be the object of comparison.It should not be absolute when grasping“co-workers”.As long as the laborers and the reference objects are roughly the same,they can be identified as “equal work”.The specific consideration of whether or not the factors are generally the same should be focused on equitable factors.Regarding the range of remuneration in "equal pay",For the "equal pay" range of labor remuneration,we should define the 1995 "Opinion on the implementation of <Labor Law> number of issues" in bonuses,allowances,subsidies included in the broad category of wages,belong to labor remuneration;Secondly,we should also be aware of the development trend ofequal pay for equal work.In the future,we should also include in the “equal pay” range the unequal future possible income,such as social insurance benefits,obtained by employers from employers.At the same time it noted that our country should be more equal pay system is still in the primary stage of the basic status of the current stage can not bite off more quickly,blindly expand the scope of equal pay should be based on the Ministry of Labor "on the implementation of <Labor Law> Issues Opinions" The provisions on wage payment projects are based on the basis of gradual and steady progress in the expansion of the scope of equal pay.At the same time,it should also be recognized by employers in equal pay disputes the right to legitimate defense can be,but it is of equal pay reasonable defense system in terms of the reasons for setting,set it should focus on the work itself,such as allowing employers to years Reasons such as capital system,performance system,product quality or quantity,and part-time labor are reasonable defenses against equal pay for equal work.Finally,with regard to the issue of burden of proof in litigation procedures,it is necessary to clarify the persuasion responsibilities of laborers in such lawsuits.At the same time,they should also recognize the fact that laborers have relatively weak evidence in litigation.--When a worker submits a claim for equal pay for equal work,he only needs to provide evidence to prove that the equal pay for equal work is more reliable.