新时期劳动者同工同酬问题探究——以退休再就业人员为例

The Exploration of Equal Pay for Equal Work in the New Era

同工同酬权是劳动者之劳动权的重要组成部分,与劳动者之劳动权益的实现休戚相关,但在新时期劳动关系多元化背景下,我国现行劳动立法的滞后使得以退休再就业为代表的有别于传统的新型劳动者同工同酬权规制处于缺失状态。面对非标准劳动者的特殊性,同工同酬权保护应该何去何从,是劳动法学研究中亟待解决的课题,并具有重大的理论价值和实践意义。

Equal pay for equal work is an important part of labor rights. It is closely related to the realization of labor＇s rights and interests. However, the current backward labor legislation makes the regulation of equal pay for equal work deficient for the post-retirement employees, a new type of laborers different from the traditional ones. How to protect the right of equal pay for equal work of the non-standard laborers not only has become an urgent issue to be solved in the study of labor laws, but also is of great theoretical and practical significance.