日本《部分工时劳动法》的修正——以均等待遇原则为中心

日本部分工时劳动发展当中,差别待遇问题日益突出。在日本社会特殊的雇佣体制下,同工同酬原则一直不被认可,禁止差别待遇缺乏法源依据。2007年《部分工时劳动法》作出重大修正,最大的亮点是有限度的导入了国际劳工组织倡导的均等待遇原则,对满足一定条件的劳工给予同工同酬保护。中国非全日制用工发展中差别待遇问题同样突出,日本修法的经验对于中国具有借鉴意义。

Amendment of Part-time Work Law of Japan and Its Inspiration for China

Discrimination of working conditions is a serious problem in the development of part-time work in Japan. The principle of equal pay for equal work has not been accepted in Japan because of the special employment tradition, and there is no law available to support the relevant lawsuit. Part-time Work Law was amended in 2007, which introduced to some degree the principle of equal pay for equal work that is promoted by International Labor Organization. The amended Part-time Work Law provides equal protection for part-time workers who qualified certain requirements. The discrimination in part-time work in our country is as serious as that in Japan, and Japanese law can serve as a reference to China.