劳务派遣同工同酬条款适用困境与反思

Dilemma and Reflection on the case of "different pay for equal work" in labor dispatch

  • 摘要: 用工单位采用各种方式来规避同工同酬。实证研究表明;过重的举证责任;法院在审判过程中,强调用工单位的企业经营权,工资自主决定权;重视劳雇双方对工资的约定;限缩“同酬”的范围;导致劳动者同工同酬的诉求得不到支持。从诉讼代理人的角度,通过仲裁庭要求用工单位提供相关证据或是法院依职权调查取证;在代理意见中,对前记实证研究的倾向,透过相关法理、法规予以驳斥,力求得到法庭的支持乃破除现有困境之路径。

     

    Abstract: abor dispatch units often adopt different bonus, different subsidies and allowances, and different ways of wage growth to avoid equal pay. Empirical research shows that: Excessive burden of proof; In the process of trial, the Court emphasized the right of enterprise management and the right of wage determination; Pay attention to the wage agreement between employees and employees; Limiting the scope of "equal pay" leads to the lack of support for workers' demands. A lawyer who acts as an agent in litigation of laborers, Collect evidence by guiding workers, Request the arbitration tribunal or the court to investigate and collect evidence according to its authority, In agency opinion, The emphasis on the right of enterprise management and the right of wage determination leads to the rationalization of the labor pay gap;t is pointed out that the agreement of preferential application of wages between workers and employees lacks legal basis, and the agreement priority can not guarantee the right of different remuneration for the same work; Straighten out the related concepts of wages, and advocate that the scope of "equal pay" should include subsidies, allowances, welfare, etc; It is the way to get rid of the present predicament.

     

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