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同工同酬是指用人单位对于从事相同工作,付出等量劳动且取得相同劳动业绩的劳动者,支付同等的劳动报酬。由此可以看出,同工同酬必须具备三个条件:一是劳动者的工作岗位、工作内容相同;二是在相同的工作岗位上付出了与别人同样的劳动工作量;三是同样的工作量取得了相同的报酬。今年1月1日起施行的《劳动合同法》还规定了劳务派遣应同工同酬。但是,法律上已经消失而现实中依然存在的“正式工”与“临时工”之分,让“临时工”同工同酬的愿望遥不可及。
Equal pay for equal work means that employers pay the same remuneration for laborers who work in the same job, pay equal amounts of labor and obtain the same labor performance. It can be seen from this that there must be three conditions for equal pay for equal work: one is the job title of the worker and the same job content; the other is that the same amount of labor is paid on the same job as the others; and the third is the same amount of work done The same reward. The Labor Contract Law, which came into force on January 1 this year, also stipulates that labor dispatch should be paid equal to or equal to one. However, the distinction between “formal workers” and “temporary workers”, which have disappeared in law but still exist in reality, makes the desire of “temporary workers” for equal pay for work of equal importance out of reach.