The Enlightenment of Japan's Labor Dispatch System to China

The regulation of labor dispatch has been a hot topic in Labor Law. The revision of the Labor Contract Law in 2012 only focuses on the labor dispatch. It can be seen that there are many problems in China's labor dispatch, which need to be solved urgently. Based on comparative law, this article introduces the Labor Dispatch Law of Japan. According to its amendment in “equal pay for equal work”, this article discusses what enlightenment it may bring to the regulation of current labor dispatch system in China. The present Labor Dispatch Law includes explanation of “equal pay”, the labor dispatching company’s responsibility of salary statement, and burden of proof by both labor dispatching company and dispatched workers according to their assertions. These experiences are of great significance to the perfection of labor dispatch system in China, the establishment of equal, transparent labor dispatch system, the limitation of “equal pay”, and the construction of reasonable distribution of proof burden.