The Reasonable Boundary Between The Equal Rights To Employment And Labor Autonomy

With the thorough development of the labor market, the career freedom of employeesand the labor autonomy of employers have been profoundly practiced, however, the equalrights to employment have been frequently and arbitrarily infringed by employers with theirlabor autonomy behind the veil of the freedom of two-way selection. In China, under thespecial background of the later awareness and frail culture of labor rights as well as thetransition stage of economy and society, it will undoubtedly make a great sense both in theoryand practice to draw a reasonable line between the equal rights to employment and the laborautonomy.The thesis tries to interpret the meaning of the equal rights to employment and laborautonomy from the perspective of the historical background, foundation, value and targetsthat the two different kinds of rights are carrying, and lists systematically basic principles andspecific circumstances in which the equal rights to employment could be limited by the laborautonomy and on account of other interests. By the same time, it also sorts out and analyzesthose illegal restrictions which the labor autonomy imposes on the equal rights to employmentin practice. The author attempts to draw a reasonable line between the equal rights toemployment and the labor autonomy from the nature of the two rights and those reasonableand illegal restrictions which the latter imposes on the former. At the end of this thesis, theauthor elaborates the justification, necessity and the function boundary if the governmentneeds to get involved in balancing the two kinds of rights on the basis of macro-regulation.Except the production and conclusion, the thesis will be divided into three parts:In the first parts, the author elaborates the emergence, concept, value, targets and basicprinciples that should be complied with when the equal rights to employment are beingreasonably limited, and will draw a conclusion that the equal rights to employment whichbasically aims to guarantee the survival of labors don’t only include formal equality but alsoessential equality, therefore, those reasonable restrictions imposed on the rights mustrigorously follow some basic principles in relation.The second part will interpret the labor autonomy mainly from the foundation, conceptand necessity, and present statutory circumstances and illegal situation in which the laborautonomy restricts or infringes the equal rights to employment. whether the discussion on therestrictions imposed on the equal rights to employment by the labor autonomy focuses on the reasonable ones or illegal ones, the purpose lies in making the boundary of the laborautonomy itself clear from both positive and negative sides, thus we could exactly decidewhich behaviors of the employers infringes the equal rights to employment.The last part elaborates the justification and inevitability if the government needs to getinvolved in balancing these two different kinds of rights from the perspective of stateresponsibility, market failure and the special structure of our labor market and discusses onhow to control the function boundary during regulation from the point of regulation purposeand limited rationality of government.