Research On The Principle Of Equal Pay For Equal Work Of Part-time Workers In Japan

Before the legalization of the principle of equal pay for equal work for part-time workers in Japan,the theoretical relief for the gap in working conditions of part-time workers took the practice of the principle of equality and the maintenance of public order as its main idea,and needed to "apply the existing provisions by analogy" or "invoke the provisions of public order and good customs of civil law" as the legal source of relief.Around 2000,Japan began to gradually establish the principle of equal pay for equal work across employment types by revising individual special labor laws,that is,on the one hand,adopting the normative model of "prohibiting unreasonable differences" to establish the principle of balanced treatment,on the other hand,adopting "Prohibition of differential treatment" to achieve the principle of equal treatment.Japan passed the work style reform act in 2018,and the relevant provisions and laws(short-term labor law)have been implemented successively on April 1,2020.In view of the gaps in the provisions on equal pay for equal work for part-time workers in China’s current labor law,the unclear interpretation of equal pay for equal work,and the heavy burden of proof on the part of workers,this paper takes the development and jurisprudence of the principle of equal pay for equal work for part-time workers(and those with fixed-term labor contracts)in Japanese law as the research object,and puts forward some suggestions from Japan’s experience for future normative interpretation and legislation.