Equal Pay For Equal Work In Labor Dispatching

In the understanding and application of equal pay for equal work, we should grasp the following aspects:

1., the definition of "equal work" and "equal pay".

Between the dispatched workers and the formal workers, the "co workers" are limited to "similar posts". For those who have no similar jobs in the employing units, they should be determined according to the labor remuneration of the laborers in the same location or similar posts.

The "Remuneration" in the "equal pay" should include labor and welfare besides labor remuneration, but it should not include basic social insurance benefits.

It should be noted that the premise of equal pay for equal work is the same benefit, value and contribution created by the laborer in a determined position.

Two

The duty of disclosure and the right to know of the workers.

Because the labor contract and labor dispatch agreement are not signed at the same time, and generally the labor contract is first signed, after the labor dispatch agreement is signed, the labor contract is often difficult to comply with the stipulation of equal remuneration for labor contract.

It is necessary to strengthen the duty of disclosure of dispatched units and employment units and the right to know of workers.

When signing a labor dispatching agreement, the employing unit shall provide the dispatching unit (the dispatching unit when signing the labor contract to the dispatched worker) to provide the allocation method of the remuneration for the similar posts of the dispatched worker in the employment unit.

Information on the level of labor remuneration at the same or similar location.

3. reasonable distribution of equal pay for equal work.

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Due to the serious asymmetry of information mastery between dispatched and employed units, the allocation of burden of proof should be made to reduce the burden of proof for dispatched workers and increase the burden of proof of the employing units.

4., the employers should pay wages to the dispatched workers.

When the wage is paid by the dispatched workers to the dispatched workers, it is difficult to compare the wage level of the employees employed by the dispatched workers and the employing units, and it is also difficult to avoid the fact that the dispatched workers can not get the wages in time or the labor dispatch units deduct the wages paid by the employing units to the dispatched workers.

In the labor dispatch agreement, the labor dispatching units and the employing units may stipulate that the wages of the dispatched workers shall be paid directly to the dispatched workers by the employing units, so as to further implement the principle of equal pay for equal work.

Moreover, the advantage of employing units to pay wages directly to dispatched workers is that they can also solve overtime pay problems.

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The arbitral proceedings are inconsistent with the parties to the proceedings.

The interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three) provides that the arbitral award omission of the parties who must participate in arbitration shall be added by law in accordance with the law sixth.

However, there is no provision for the court to consider that the parties to the arbitral award are not litigant parties.

According to the provisions of the mediation and Arbitration Law of labor dispute, in the process of labor arbitration, the employment unit can and the labor dispatch unit can be the common complainant to direct the application of the arbitration to the laborers; in the proceedings, the labor unit can be used as the plaintiff of the labor dispute in the proceedings. If the court considers that the employment unit can only bring the civil action to the labor dispatch unit in accordance with the dispatch agreement, the labor arbitration application can not be brought directly to the laborers, and the rights of the employment unit can not be supported.

In practice, some courts believe that disputes between dispatched units and employing units are purely civil disputes, and do not belong to labor disputes.

This may be just a matter of theoretical discussion. In fact, the court still respects the arbitration award's qualification for the litigants of the parties, otherwise, there will not be any case that the three parties of the labor dispatch have prosecuted.

But in such cases, how the litigant status of the parties is stated is a headache.

It is suggested that judicial interpretation further stipulate the qualification of litigants in dispute settlement.