Elimination Of Employment And Occupational Discrimination Convention And Analysis Of China's Anti-discrimination In Employment System

The equal employment right, aiming to protect the social fair and justice, is one of the basic labour rights, and part of the decent work. The Chinese government has realized the importance to fight against employment discrimination, and therefore ratified the ILO Convention No.111 concerning Discrimination in Respect of Employment and Occupation in 2006, which is one of the eight fundamental ILO conventions and the ILO's core conventions concerning non-discrimination, so as to show China's determination to eliminate employment discrimination.Following the ratification of the Convention No. 111, China has promulgated a series of laws, regulations and policies regarding the promotion of equal employment, e.g. Labour Contract Law and Employment Promotion Law. However, judged from the legislative effect and the current situation, China still has a long way to go to realize equality and non-discrimination at work. The obligations under the Convention No. 111 have not been fully fulfilled and the Committee of Experts on the Application of Conventions and Recommendations (CECAR) has issued Direct Request to the Chinese government concerning the Government's first and second reports on the application of the Convention.Considering the limited analysis of the gap between the obligations required by the Convention No. 111 and China's current legal system, this article is trying to describe the content of and the obligations required by the Convention, so as to explore the deficiency of China's institutional construction against employment discrimination. Additionally, this article is trying to propose suggestions to China's legislative system and social system in terms of anti-discrimination by way of comparing the non-discrimination legislation of some other countries and regions which are experienced therein.