我国劳务派遣下的同工同酬法律问题研究

现行法律对同工同酬的规定虽已形成体系,但仍有一定的瑕疵和不合理之处。如何明确"同工"、"同酬"的衡量标准、细化同工同酬权益损害赔偿责任和合理分配同工同酬纠纷中的举证责任是突破同工同酬制度实施困境的要点。以工作价值能否量化体现,可将"同工"衡量标准分为两类。在此基础上,可从损害同工同酬权益的不同主体出发,归纳损害赔偿责任的适用条件,细化赔偿标准和举证责任。

Research on Legal Issues on Equal Pay for Equal Work of Labor Dispatching

The current law has a systematic provisions on equal pay for equal work, but there are still some defects and unreasonable regulations. How to definite the measures of "equal work", and "equal pay", and how to refine the damage compensation liability and the reasonable distribution of burden of proof in dispute is key to break through the main points of the system of equal pay for equal work. The quantitative value to work can be divided into two categories. On this basis, from the different subjects of the damage rights and interests, we can conclude the applicable conditions of damage compensation liability, and refine the compensation standard and the burden of proof.