Dilemma and Reflection on the Application of Equal Pay Clause in Labor Dispatch

"Different pay for equal work" is a hot issue in the process of dispatching labor. In order to avoid equal pay for equal work, employing units adopt differences in bonuses and allowances. What is more, they do not give dispatched workers reasonable wage adjustment mechanism to avoid equal pay for equal work. In the process of sending workers through the judicial channels for relief of rights, in addition to being asked for excessive burden of proof during the trial, the court also presented, for example, the right of self-decision, the right of management and the right to wage independently. Besides, the court empasized the wage agreement between the two sides and limited the scope of "equal pay". As a result, the demands of workers for equal pay for equal work cannot be supported. From the perspective of litigation agent, on the one hand, the arbitration tribunal requires the employing unit to provide relevant evidence or the court to investigate and collect evidence ex officio; on the other hand, in the agency opinion, the court tends to refute the court trial through relevant legal principles and regulations, so as to strive to get the support of the court. The above-mentioned method is a way to get rid of the existing dilemma.