Research On Anti-Discrimination And Guarantee Of Equal Employment Rights

Labor is the basic means for a man to satisfy vital needs and achieve their own value, and employment is an important prerequisite for employees to realize labor rights and fulfill labor obligations. According to Maslow's hierarchy of needs, labor right is not only a reflect of the most basic requirements for survival, but also a reflect of the need for a self-fulfilling, so it is a minimum level of demand, and also a demand for the highest level.Realization of employment rights relates to the worker's right to subsistence in addition to right to development. Equal employment rights is the an important manifestation of the basic human rights theory "Men are created equal". The realization of equal employment rights requires legislative, judicial and other coercive means by the state, and also requires community to work together to promote establishment of harmonious labor relations through the law-abiding. In the planned economy era, China adopted a uniform policy of distribution arrangements, workers and employers had no right to choose, not to mention the so-called equal employment; after introducing the market economy, the greater concern is the total economic growth and employment protection, and the equality in the process of finding a job is ignored. Under the long term severe employment situation, workers are often in a weak position. Varieties of injustice intensified in the course of employment, and employment discrimination are serious violations of equal employment rights of workers.Equal employment rights mean that workers enjoy equal employment rights and entitlements, opportunities and fair competition exemption from discrimination in treatment in the course of employment. It includes both the form of equal employment right and the pursuit of substantive equality. Because China is in the social transition, the development of the social structure can't match the evolution of the economic structure, and the relevant employment legislation lags behind the social development demand, endless forms of discrimination in employment occurs. The realization of equal employment rights and protection against employment discrimination need an entry point to legislation, law enforcement and judicial process to establish a complete legal system of employment, while the right to an effective remedy and equal employment monitoring system. Promoting employment and protecting equal employment rights are the urgent problems to be solved for our country to build a socialist country ruled by law and achieve a harmonious society, so it is of great significance to the establishment of the core values of fairness and justice system.This text is divided into four parts. The first chapter presents equal right to employment thoughts origin and development, through the international community and domestic equal right to employment related theory development vein, for equal right to employment system construction, provides the basic theory. Equality and human rights concept is the equal right to employment basic thoughts origin, as an international labor rights protection organization of the international Labour organization was established and a series of promoting the employment fairness conventions, treaties, for international equal right to employment security provide legislative and institutional basis. National legislation and judicial to equal right to employment security in western society civil-rights movement and various anti-discrimination campaign got vigorous development. The second chapter basically introduces equal right to employment protection principles and limit the principle. Equal right to employment protection principles include the equal protection principles and special protection principle. As protection principle exception restrictions principles including reasonable professional qualification restrictions, specific position of the special needs of limitation and prohibition restrict. The third chapter analysis of equal right to employment substantially violations of employment discrimination phenomenon of current situation and cause. In the field of our country employment discrimination has diversified trend, and employment discrimination are caused the influence of traditional ideas, and the economic field labor market supply and demand, but also includes the influence of both the household registration system, the state's basic system reasons. The fourth chapter presents our equal right to employment security system present situation and complete system construction. Our current equal right to employment security system in legislation and judicial system has certain basic system, but the existing system exists more flaws, China's equal right to employment security needs in foreign anti-discrimination employment experiences and lessons, and on a summary of the existing system of advantages and disadvantages, on the basis of the deep analysis of our country labor employment basic system and lawmaking judicial practice, formulate rational effective equal right to employment security system.