同工同酬原则的语境和困境

The Context and Dilemma of the Principle of Equal Pay for Equal Work

域外经验显示,"同工同酬"原则源于反歧视运动,同时也是从反歧视语境中获得进路的。然而,我国曾经尝试抛开反歧视这一源语境来独立推行同工同酬原则,却因为缺乏可操作性而收效甚微。结合本土法律资源和域外经验,让同工同酬原则回归反歧视语境正是现阶段我国劳动法落实分配公平的主要进路,只有利用好反歧视法律工具方能真正实现"同工同酬"。

Other countries＇ experiences show that principle of equal pay for equal work emerged from anti-discrimination movement and has been well received in the context of anti-discrimination ever since. However, as China used to try to promote principle of equal pay for equal work independent of source context of anti-discrimination, our efforts bore little fruit due to lack of feasibility. Combining China＇ s own legal resources with experiences of other countries, to place the principle of equal pay for equal work in the context of anti-discrimination shall just be the major approach for Chinese labor law to carry out fair distribution in the present stage. Only by using the legal tool of anti-discrimination effectively, can we practically realize equal pay for equal work.