英国的同酬法及其启示

UK’s Equal Pay Act and Its Inspiration for China

英国同酬法对雇员和比照人的要求和英国判例法对报酬含义的诠释中,包括值得关注的提起同酬诉讼的三个事由(类似的工作、可评定为同等的工作和具有同等的价值工作)和同酬诉讼中被告的三个抗辩事由(红圈、非全日制劳动和市场力量的原因)。这对我国同工同酬立法在选择同工同酬重点、界定报酬和同工、设计保护程序和集体实施机制等方面,都有重要启示。

Both in the interpretation of employee and comparator in UK＇s Equal Pay Act and in that of payment in UK＇s Case Law, three causes of lawsuits in UK （like work, work rated as equivalent and work with equal value） were illustrated. And then the relevant defenses of the defendant （red circle, part-time employment and the force of labor market） were provided. By absorbing these experiences in promoting Chinese legislation on equal pay, some important inspirations could be achieved on designing suitable equal pay policy with Chinese characteristics, defining pay and work rated as equivalent or with equal value, designing protection program and establishing collective application mechanism