Equal pay for equal work under the new labor law

1. The transfer of some employees is out of the secondary post, the unified type of work is all temporary workers (contract dispatch workers), and all regular workers enter the unified position.

This is unacceptable, labor dispatch is a tripartite legal act; Dispatching units, laborers, and employers.

2. The Labor Contract Law does not use the word outsourcing, which actually belongs to labor dispatch. You're all wrong.

China's labor law has protected the rights and interests of workers to the greatest extent, and in many provisions on rights and obligations, it is obviously unfair to employers. This will definitely be revised in the future with the real realization of a country with the rule of law.

Justice is not about giving rights to the majority, but about the consistency of rights and obligations among equal subjects;

Pingping, not to give all rights to the weak or migrant workers, but to equality before the law;

The legal system refers to the will of the people in legislation, the strictness of law enforcement, and the equality of law in the application of law.

1. You can disagree with the employer to transfer you from the post, because if you want to change positions, you need to negotiate with the worker to change, unless you are not qualified for your current job.

For the second half of the 1, there is no way.

2. In fact, it is a meaning, and the court will still determine the dispatch, which is not afraid.

In fact, there must be copper leaks in the above policies, but it is only a matter of size.

Article 46 of the Labor Law of the People's Republic of China stipulates that wage distribution shall follow the principle of distribution according to work, and "equal pay for equal work" shall be implemented. Equal pay for equal work means that employers will receive the same labor remuneration for workers with the same skill and labor proficiency when engaging in the same kind of work, regardless of gender, age, ethnicity, region, etc., as long as they provide the same amount of filial piety.

Equal pay for equal work embodies two value orientations: ensuring the implementation of the general principle of distribution according to work, that is, those who pay the same work should receive the same labor remuneration; To prevent discrimination in the distribution of wages, that is, to require that workers of the same gender, different status, different household registration or different forms of employment in the same unit, for the same job and under the same working conditions, as long as the quantity and quality of work provided are the same, equal remuneration should be given.

At the end of October 2009, the Ministry of Chinese Human Resources and Social Security was studying the formulation of uniform legislation on wage payment. Among them, there are two major problems to solve, one is the connotation of wages. In the previous regulations on wages, wages were equal to money.

In the future, relevant provisions such as options will be added; Second, equal pay for equal work will be written into the regulations. As in the past, the relevant wage regulations provided for distribution according to work, and in the future, equal pay for equal work will be added. This means that after the formation of a de facto labor relationship, the non-regular contract workers of the enterprise, i.e., labor dispatch workers, etc., who perform the same work as the regular workers, pay the same amount of work, and achieve the same labor performance, should receive the same labor remuneration, that is, the remuneration fluctuates within the same wage range.

Any employer should do that.

2. Conditions for equal pay for equal work.

1. The job position of the worker is the same.

2. Pay the same amount of labor as others in the same position.

3. The same workload has achieved the same work performance.

3. The specific content of equal pay for equal work.

1. Men and women receive equal pay for equal work. Gender discrimination in the distribution of labor remuneration has a long history and is difficult.

2. People of different races, ethnicities, and identities receive equal pay for equal work. To this day, this kind of distributive discrimination still exists in some countries and regions. Since the liberation of our country, this phenomenon of discrimination has been basically eliminated.

3. Equal pay for equal work between regions, industries and departments. Due to the great differences in economic standards and living standards in various places, the characteristics of various industries and departments are also completely different. As a result, there is a phenomenon of "unequal pay for equal work" between regions, industries, and departments.

4. Equal pay for equal work within the enterprise. This is the most important content of equal pay for equal work, and workers who perform the same work, pay the same amount of work, and achieve the same labor performance in the same enterprise have the right to receive the same labor remuneration.

The 2013 new Labor Law's provisions on equal pay for equal work will be officially implemented on July 1, which is the first revision of the Labor Contract Law since its promulgation in July 2007. The biggest highlight of the new policy is that it clearly stipulates that "temporary workers" enjoy the right to equal pay for equal work with "regular workers" of employers, and gives the human resources and social security departments the right to carry out administrative licenses for operating labor dispatch business in accordance with the law. Equal pay for equal work has a broad concept and a narrow sense.

Let's talk about the broad sense first, the so-called equal pay for equal work in the broad sense means that as long as the workers are engaged in the same type of work or the same type of work, they should implement the same wage system, the same wage standards and distribution methods. However, the distribution results can be different due to the actual contribution of individual workers, and Duan Mengli is different within the pre-specified wage range, which is equal pay for equal work in a broad sense. Equal pay for equal work in a narrow sense means that workers are engaged in the same position, engaged in the same work tasks, have the same labor skills, and make the same labor contributions.

Some are simply that you must take the same amount of money to call equal pay for equal work, and this is still biased. According to Article 46 of the Labor Law, the distribution of wages shall follow the principle of distribution according to work, and "equal pay for equal work" shall be implemented.

Equal pay for equal work means that employers will receive the same labor remuneration for workers with the same skill and labor proficiency when they engage in the same kind of work, regardless of gender, age, nationality, region, etc., as long as they provide the same amount of labor. Equal pay for equal work embodies two value orientations: ensuring the implementation of the general principle of distribution according to work, that is, those who pay the same work should receive the same labor remuneration;

Equal pay for equal work embodies two value orientations: ensuring the implementation of the general principle of distribution according to work, that is, those who pay the same work should receive the same labor remuneration; To prevent discrimination in the distribution of wages, that is, to require that workers of different genders, different identities, different household registrations or different forms of employment should be paid the same amount of labor impulse and the same quality of labor provided by the same employer, for the same job position, under the same working conditions, as long as the quantity and quality of labor impulse provided are the same.

Article 46 of the Labor Law of the People's Republic of China.

The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

The Labor Law stipulates equal pay for equal work as follows: the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented; If the agreed wages are not clear, the two parties have not negotiated, there is no collective contract, or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Dispatched workers and workers of the employing unit shall receive equal pay for equal work; Other.

1. Welfare of labor dispatch personnel.

Dispatched workers have the right to equal pay for equal work with the employees of the employing entity. The employer shall, in accordance with the principle of equal pay for equal work, implement the same method of labor remuneration distribution for dispatched workers and workers in the same position in the same unit. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

2. Labor law wages.

The 2020 Law on Labor Losses and Injuries stipulates wages including: wage distribution shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented; The employer shall independently determine the wage distribution method and wage level of the employer in accordance with the law; the implementation of a minimum wage guarantee system; Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Other.

3. How to stipulate the amount of arrears of wages.

According to Article 18 of the Labor Contract Law, if the labor contract is unclear on the standards of labor remuneration and working conditions, etc., and disputes arise, the employer and the employee may renegotiate. If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Article 46 of the Labor Law of the People's Republic of China.

The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

On the basis of economic development, the wage level has been gradually raised or argued. The state implements macroeconomic regulation and control over the total amount of wages.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. The wages owed to workers shall not be deducted or unreasonably deducted.

The Labor Law stipulates that the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Equal pay for equal work means that employers receive the same remuneration for workers with the same skill and labor proficiency when they perform the same kind of work, regardless of gender, age, ethnicity, region, etc., as long as they provide the same amount of labor. Equal pay for equal work must meet the following three conditions:

1. The job position and work content of the worker are the same;

2. It is the same amount of labor as others in the same position;

3. The same workload has achieved the same work performance.

Equal pay for equal work within an enterprise is the most important aspect of equal pay for equal work. Workers who perform the same work in the same enterprise, perform the same amount of work, and achieve the same labor performance are entitled to the same labor remuneration. The amount of personal income to be distributed by each laborer depends on the amount of his personal labor after making the necessary deductions for the labor provided by society.

Legal basis: Article 46 of the Labor Law of the People's Republic of China stipulates that the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 46 of the Labor Law of the People's Republic of China stipulates that wage distribution shall follow the principle of distribution according to work, and "equal pay for equal work" shall be implemented. Equal pay for equal work means that employers receive the same labor remuneration for workers with the same skill and labor proficiency when they perform the same kind of work, regardless of gender, age, ethnicity, region, etc., as long as they provide the same amount of labor.

Equal pay for equal work embodies two value orientations: ensuring the implementation of the general principle of distribution according to work, that is, those who pay the same work should receive the same labor remuneration; To prevent discrimination in the distribution of wages, that is, to require that workers of the same gender, different status, different household registration or different forms of employment in the same unit, for the same job and under the same working conditions, as long as the quantity and quality of work provided are the same, equal remuneration should be given.

Article 46 of the Labor Law of the People's Republic of China shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Legal analysis: Equal pay for equal work means that employers receive the same labor remuneration for workers with the same skill and labor proficiency when they engage in the same kind of work, regardless of gender, age, ethnicity, region, etc., as long as they provide the same amount of labor. There are three conditions that must be met for equal pay for equal work:

1) It is the same job position and work content of the worker; (2) They have paid the same amount of labor as others in the same position; (3) It is the same guess that the workload has achieved the same work performance.

[Legal basis].Article 46 of the Labor Law of the People's Republic of China shall follow the principle of distribution according to work, and equal pay shall be implemented for equal work. The level of wages has been gradually raised on the basis of economic development.

The state implements macroeconomic regulation and control over the total amount of wages.