On The Employment Rights

" Existence is the first axiom of human."Labor rights is a human right to life which is the basis of socio-economic rights, basic human rights of the important. Employment rights is the core labor rights and the logical starting point which relates to people's basic survival , social harmony and stability. As China's economic system transition, employment has become an increasingly serious social problem, people's employment rights have been repeatedly violated but there is no way to seek relief. Where is the crux of the problem?"The nature of the right and protection of the rights of way is to determine the key factors." Rights is the basic areas of Law, it is the legal norms from the legal relationship to the logic of legal responsibility to contact the various segments of the constituent elements, runs through legislation, law enforcement , the law, the rule of law throughout the operation of the judicial process. The concept of the right to define the specific content of rights, rights of the principal, so the question of the nature of the rights related to the eventual realization of the right. However, the right should only be increased as a statutory right to meaningful legal rights into reality, only the right, it only contains one real value. Legislation, law enforcement, judicial, law-abiding without the right to not to start. The basic problem of the right to study whether it is from a theoretical or practice is of great significance. Right to employment regardless of the research work of China's legal theory or the deepening of China's labor practices and working with the legal system is of profound practical significance.Labor rights and the theory is the study of China's Labor Law in one of the most weak, and its research is of huge legal academic works, the need for researchers with a strong sense of social responsibility theory of the deep foundation and the practical problems of the profound understanding and keen insight. At present, the employment issue has aroused great importance to scholars in various fields, from economics, politics, sociology, etc. have put forward their point of view. Legal experts has also been given the door a high degree of importance. However, the data collected, the increase in the employment problem and for the rights of the very few systematic studies, most of which are scattered throughout the Labor Code of the relevant chapters in books, research results have been far from reach consensus, and occasionally some scholars have expounded on the employment rights and labor rights are mostly from the macro-levels of discussion, quoting some of the conclusions of the discussion, or just make some conclusions and propositions of the argument and there were few specific process, which should be Some studies employed a far cry from the right. Study abroad in this area focuses on the analysis of a particular case, are judicial decisions on the interpretation of the case also focused on the right to equal employment.Shallow theoretical foundation of this article can only be realized through the existing law superficial knowledge of the theoretical results from our predecessors to make some superficial opinion, but any attempt to contribute to Law building are believed to have been useful. In this paper, the literature, comparison, and the method of integrating theory with practice on employment rights has made a more systematic study, and some of the issues a certain amount of proof of employment means the right to a certain degree of relief to try and explore, at the same time It is also possible innovation in this article.In this paper, the basic theory of analysis of the right to employment on the basis of the main body of employment rights, content analysis, a more in-depth to explore the current violations of employment rights of the plight of relief channels, on the basis of a complete set of employment means the right to relief measures to the full text of about 3.5 million words, is divided into three chapters:Chapter I: The basic theory of employment rights. In this chapter, the basic theory of the employment rights were discussed. Analysis of the employment rights of the theoretical basis. Right to employment is the labor rights of a down the concept of the academic through the concept of labor rights and labor rights of the various theories and the comparison of the employment rights concepts are defined. It is a basic human right to employment ,a legal reservation of rights and an economic and social rights. Legal nature, right through the academic freedom of employment or social rights debate, to come right to employment is a right to freedom of property rights-oriented nature of both the rights of the community.Chapter II: subject and content of the employment rights. The main body of employment rights, including rights and obligations of the main subjects. The right is the main employment rights of workers in the country as a worker must possess the necessary qualifications, that is, ability to labor rights and labor capacity. Obligations of the state and the main employer. Obligation of the State as a theoretical basis for specific duty is mainly the recognition, respect, protect and fulfill obligations. Employment rights as the employer must also have the right of the main capabilities and capacity, based on its obligations of corporate social responsibility. Employment rights including the freedom of choosing the right content, equal employment, job access rights.Chapter III: Relief of employment rights. Nature of the right a key factor. which decide the right way to protect The nature of the employment rights of employment means the right to have a comprehensive relief. In this section, the author analyzes the current performance of China's employment rights violations, employment assistance means the theory and the plight of the United States and the European Union through the practice of introducing legislation, proposes ways of employment rights and remedies of perfect measures.