Font Size: a A A

On The Legal Protection Of University Student's Employment Right

Posted on:2010-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:H H LiaoFull Text:PDF
GTID:2189360275981976Subject:Law
Abstract/Summary:PDF Full Text Request
University students'employment right is the general terms of the right prescribed or authorized by the law that the university students should enjoy and is concerned with employment, including equal and free right to obtain employment opportunities, the right to hold the employment opportunities according to laws, and fair treatment right and so on. At present, university students'employment issue is facing many difficulties. However, the protection for university students'employment right is imperfect, for example, in the aspect of legislation, the laws and policies about university students'employment right is imperfect, our country"labor law"cannot protect university students'employment right, university students'employment system is to be improved; in the aspect of enforcement, setting of the law enforcement agencies is in short demand, the enforcement forces is poor, and its task can not match with its personnel. What's more, there exists the phenomenon of selective enforcement; in the aspect of remedy, the case scope of labor dispute is narrow, the assignment of onus probandi is illogical, inefficient relief program, the high cost of litigation, legal supervision is not in place. After all, there exist some social and historical backgrounds for such phenomena. On one hand, the concept of"job secure"and"A good scholar can become an official"has been rooted solidly in people's mind, indifference of legal consciousness among people, and there exists the phenomenon of judicial corruption and denial of justice. On the other hand, political roots, such as, responsibility of government is absence, local government business role conflicts with its enforcement role, the suppressive policies of market demand still exist. Additionally,economical roots,such as,the contradiction that the supply of labor force exceeding the demand is becoming acute, the segmentation of labor market, phenomenon of interference of power during the development of Market economy. Therefore, we should strengthen the legal protection of university students'employment right. Firstly, the government, employers and university students should further strengthen their idea of rule by law and improve their legal consciousness. Secondly, we should immediately formulate laws and regulations to protect university students'employment right, further perfect its terms, establish and perfect the job market for graduates. Thirdly, we ought to set up a specialized agency to protect university students'employment right, establish a rigorous restrictive mechanism, supervisory mechanism, and liabilities mechanism, and strictly standardize enforcement act. At last, we should further perfect the present system for mediation of labor disputes, the system for administrative remedy of labor disputes, and the System for judicial relief of labor disputes, so as to construct a legal system to guarantee university students'employment right.
Keywords/Search Tags:employment right, university student's employment right, labor dispute
PDF Full Text Request
Related items