Research On Employment Right Legal System For Workers In European Union

The free movement and employment of workers is an important issue that all countries have to face and emphasize.To form a unified labor market and guarantee the self-employment of the public,they must protect workers' employment right.As an international Organization of supra-national nature,it is particularly important for EU to achieve the aim of the free movement of persons in order to deepen its integration.Workers,who cross the nations to obtain the jobs,may encounter employment discrimination for their different nationality,gender and religion.All of these will preclude the free movement of persons in EU.These workers' related right depends on the joint efforts from the Community and its member countries.In the process of integration,the Community has never ceased to explore how to ameliorate the mechanism of protecting workers' employment right.It has formed relatively sophisticated experience either in legislation or in policies.In China,the workers' employment right has been seriously violated because of their differences in region, identity,gender etc.By virtue of this situation,this paper aims to put forward some suggestions on improvement of the protection system of workers' employment right through analyzing the related system of EU.This paper has been divided into three parts.The first chapter discusses some problems on the implications of employment right.The definition of employment right is not explicit and uniform in academic circles even its importance has been confirmed widely.The main reason lies in the disagreements of the comprehension of labor right.Taking the legislations of Japan and Germany for example,the implications of labor right have been analyzed,accordingly,employment right discussed in this paper has been defined.After that,the contents of employment right, including liberal employment right and equal employment right which have been derived by analyzing the property of employment right,are discussed in accordance with the reality of our country.The second part is divided into two chapters.Chapter two is a summary and analysis about the development of legislation in workers' employment right in EU, including legislative background,sources of law,legislative development and legislative characteristics.It is obvious that the principle of free movement of workers and the principle of forbidding employment discrimination have been are set up by a series of the foundation treaties,which have also formed the basic legal protection of workers' employment right and been detailed by the various regulations and directives. However,most of the present relevant legislations are declarations in our country,and lack of maneuverability.Summing up the characteristics of legislative practices and legislative characteristics is illuminating for the further definiteness and refinement of workers' employment right of our country.The third chapter researches into the specific legal regulations of workers' employment right in EU,including the categories of workers in EU,the details and restrictions of employment right,relief channels of right and policy guarantee of Community.The distinguishing feature is to protect employment right of workers by forbidding employment discrimination and promoting equal employment policy.The regulations about forbidding nationality and gender discrimination,which are the research emphasis in this paper,are the most important and also the most sophisticated principles during the development of EU.In the last part,Chapter four,based on the analysis of the absence to the workers' employment right and the flaws of related laws in China,The paper aims to find a way to perfect the legal system of workers employment right by improving legislation, relief system,policy guarantee and so on,in accordance with the introductions of the related laws in EU above.