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