| In recent years,the concept of gender equality has become more and more popular,but the gender income gap has shown an increasing trend.The occupational gender segregation in the labor market is the main reason for the income gap between male and female workers.Men are mainly concentrated in the "male occupation" of high salary and high technology,while women are mainly concentrated in the "female occupation" of high repetitive low-wage and low-skilled jobs.At present our country "labor law" stipulated in article 46 of the equal pay for equal work means only under the same post can get equal pay,the existence of the gender segregation that men and women workers can’t do it,the existing range of equal pay for equal work is not able to solve the occupational gender segregation phenomenon,make the men and women workers in the work in the same value can get equal pay.Based on the hay’s evaluation method,the work value evaluation system with knowledge and skills,ability,responsibility and other working conditions as the core is determined.Although there is no lawsuit of the same value and equal compensation in China’s current judicial practice,the judicial judgment has already included the elements of responsibility and technology in "the same value and equal compensation".China has ratified the equal remuneration convention of the international Labour organization and is obliged to translate the principle of equal remuneration for equal value into domestic law and extend the scope of equal remuneration for equal work to equal remuneration for equal value.Wage discrimination is a feature of gender discrimination.Therefore,it is particularly important to ensure that male and female workers get equal pay for the work of equal value to eliminate the gender income gap in China.This paper mainly analyzes how to solve the wage difference between men and women in the case of gender segregation through legislation.The existing principle of equal pay for equal work in China cannot solve the wage differencebetween men and women in the case of gender segregation.To observe the status quo of gender segregation in China,and to compare and analyze the definition standards of "equal value" and "equal pay" in foreign legislation and judicature.Finally,some Suggestions are put forward to improve the system of equal pay for equal work in China.The text of this paper consists of four parts:The first part analyzes the legislation and judicial judgment of equal pay for equal work.Compared with the international legislation,China’s law on equal pay for equal work is still blank in terms of equal value work,and compared with the different understanding of the judicial judgment on "equal work",this paper proposes to improve the legislation on equal pay for equal work in China to solve the problem of wage discrimination between men and women under gender segregation.The second part is the development of gender segregation and equal value equal pay system,mainly including the status quo of gender segregation among occupations in China,the necessity of developing equal value equal pay principle under gender segregation and the legislative disputes of equal value equal pay principle.The third part is the definition standard of equal value and equal pay.Taking the heidegger method as the basis for the British post evaluation as an example to determine the method of evaluating equal value jobs,the definition standard of "equal value" and "equal pay" is made clear.The fourth part is the improvement of the equal pay law in China.In combination with the current situation of equal pay legislation in China,the author puts forward some Suggestions on improving the equal pay law,and extends the scope of equal pay to equal value to solve the gender pay gap under gender segregation. |
