论文部分内容阅读
同工同酬制度是国际劳工组织提倡的一项用于工作的基本准则,也是我国劳动法中提倡实施的制度。但目前该制度在我国的大部分用人单位的使用中存在着缺陷,尤其是用人单位利用劳务派遣的用工方式,使得同工同酬制度施行中出现不合理现象,在劳务派遣实务中普遍存在同工不同酬、维权困难、缺乏监管等问题,从而制约着公共事业的发展和劳动者生活水平的提高。我国应该从立法上完善实现同工同酬权的程序,明确“同工同酬”举证责任的分配,平衡三方主体的权利和义务。
Equal pay for work of equal value is a basic guideline advocated by the International Labor Organization for work and is also a system advocated in our labor law. At present, however, this system has some defects in the employment of most employers in our country. In particular, employers make use of the method of labor dispatch, making the phenomenon of unreasonable employment during the implementation of equal pay for equal work, , Rights protection is difficult, lack of supervision and other issues, thus restricting the development of public utilities and workers living standards. China should perfect the procedure of realizing equal pay for work of equal value from a legislative point of view, clarify the distribution of the burden of proof for “equal pay for equal work” and balance the rights and obligations of the tripartite subjects.