I am a temporary worker directly employed by the government, can I enjoy equal pay for equal work?

Can non-staff personnel advocate "equal pay for equal work"?

Case playback:

A kindergarten (institution) in Shanghai needs to recruit nurses because of work, but it can only recruit supernumerary staff due to staffing restrictions. On September 1 day, 2006, the kindergarten recruited Wang as a nurse. During this period, the kindergarten signed an agreement with Wang on employment of supernumerary personnel. The deadline of the agreement is June 65438+1October 3 1 in 2008, and it is clearly stipulated in the agreement that Wang's salary is 1000 yuan/month. After the expiration of the agreement, the kindergarten issued a notice to Wang to terminate the labor relationship between the two parties. After receiving it, Wang thought that he was in the same position and engaged in the same work as the staff of the government, and should enjoy equal pay for equal work. He asked the unit to pay social insurance according to equal pay for equal work. However, the unit believes that Wang is not comparable to the office staff and does not meet the legal situation of enjoying equal pay for equal work. So on March 1 2008, Wang applied to the Labor Dispute Arbitration Committee, and the Labor Dispute Arbitration Committee ruled that Wang's request was not supported; Wang refused to accept it and sued the court. After hearing the case, the court decided to dismiss the prosecution; Wang refused to accept the appeal and the court of second instance upheld the original judgment.

Case study:

This case mainly involves whether the supernumerary personnel of public institutions are related to

Almost all institutions have encountered this contradiction, so the judgment in this case has strong guidance and reference significance for similar problems.

The establishment problem is the fundamental symbol of the differentiated management of employees in public institutions. If there is a preparation, the employment contract shall be signed, and the Measures for Employment Contracts of Institutions shall apply; If it is not compiled, the labor contract law shall apply to the labor contract signed through the labor dispatch agency.

According to Article 63 of the Labor Contract Law, the dispatched workers have the right to receive equal pay for equal work with the employees of the employing unit. What is "equal pay for equal work"? Equal pay for equal work refers to the same time, the same job, the same job, the same performance and the same remuneration. That is to say, only Wang Can can claim equal pay for equal work if he proves that he is doing the same job as other employees in the unit. However, there is no objective and unified standard to measure the same time, position, work content and performance at present, and there is naturally no factual basis for asking for equal pay for equal work.

More importantly, Wang is quite different from other editors in the ways of employing people, the sources of labor remuneration and the application of laws. According to the Labor Contract Law, non-employees in the enterprise advocate equal pay for equal work with employees in the enterprise, and it is difficult to obtain legal support.

In this case, because Wang is a supernumerary staff member of a public institution, Wang has established a labor relationship with the kindergarten, and the Labor Contract Law is applicable. The agreement between the two sides on wages and remuneration is clear, and Wang has actually fulfilled it.

During the agreement, there is no objection to the amount of salary and the social insurance paid. Therefore, there is no factual and legal basis for Wang's request to pay social insurance based on the salary income of staff.

Through this case, we want to remind employers that when concluding a written labor contract with workers, they should clearly stipulate the necessary provisions stipulated in the labor contract law, especially the labor remuneration should be clear and specific, so as to avoid disputes over equal pay for equal work, so as to protect the rights and interests of workers and better safeguard the legitimate rights and interests of the unit.