Concerning The Employment Discrimination Legal System Construction

Employment issues directly relate to the people's livelihood in recent years, our continuity of employment situation, the employment discrimination issue is particularly outstanding. in 2002, the employment discrimination in the beginning of our judiciary, can be said for employment discrimination in our system of study at a comparatively late date, research into rapidly. the more comprehensively and pursue the researches of the scholars about the employment discrimination on the definition of the subcommission and put forward their views : Employment discrimination is based on the laborers and employing units, occupational and vocational the objective needs are not relevant factor in employment or occupation to make any difference in treatment to reject or discount, thereby cancelling or damage equal rights of workers' employment ; for the work of the special needs, the law of special protection, not of employment discrimination.At present, there are many types of discrimination against gender discrimination, age discrimination, domicile, the geographical discrimination against any discrimination, health, beauty, education and experience of discrimination against and surroundings of discrimination and experience of discrimination, etc. Employment discrimination has significant social harm : from the legal point of view, the employment discrimination against the basic principles of equality and human rights workers, by fair competition authority, a part of the vulnerable groups of job opportunities ;From human resource perspective, the employment discrimination on the human potentials into full play ; from the economic perspective, the employment discrimination in the market competition, and undermine the efficiency of resource allocation ; from sociology perspective, the employment discrimination a serious social crises. this paper with a judicial case, the court case of discrimination against job analysis and formulation of employment discrimination as soon as possible the law was important and urgent.Study of employment discrimination against the legal system of a construction are inseparable from this experience. this article to the analysis of the welfare state of the constitutional development and employment discrimination and in the vacancies on the basis of a large number of documents, the international community, the united states, the european union, canada, ireland, norway and japan and china and taiwan regions of the international community and foreign law against the practice of employment discrimination, for more extensive experience of reference.The employment discrimination in our legal system construction is part of the paper from the international convention, the constitution, laws or administrative rules and regulations, local legislation and policy documents to multiple angles, detailed analysis of our country against the conditions of employment discrimination, and then discuss the current relevant legislation against discrimination in employment,For example, to determine the scope of employment discrimination through the narrow, the law applicable to the existence of deficiencies and the lack of maneuverability, lack of effective resolutions, the initiative of employment discrimination is a safeguard measure, on this basis, the harmonious society in the right to work with a socialist market economy in the employers' right to coordinate the point of view. Against discrimination in employment, countries should actively carry out related obligations, including the formulation of employment discrimination the law, to the existing laws and regulations on constitutional review and clean, employment protection against discrimination and the establishment of employment discrimination law, to compel companies to join the social responsibility and support the union and other third parties, etc.The employment discrimination against the reality for us to speed up the employment discrimination in the legislative process, formulation of employment discrimination in the law, should clearly define the concepts, analyzing the current and future a period of employment discrimination has given workers' right to appeal to the penalty for employment discrimination. of course, our efforts to eliminate discrimination in employment should rely on their own right of citizens' awareness and community employment discrimination in adults action should be given support and support.