Principles And Guarantee Equal Employment Rights

The right to equal employment means that employees can access and maintain employment opportunity equally. As the combination of equal rights and employment rights, the right to equal employment is a specific human right, pursuing substantive equality based on equality. The core connotation of the rights refers to the equality for employees to be employed and qualification, as well as the right to equal participation in employment opportunities for competition, while allowing different treatments in specific conditions. Resolving the problem of employment and helping employees to strive for the right to equal employment as important issues concerning the national economy and people’s livelihood can not only be conducive to the protection of the rights, but also be favorable to improve people’s living standard and to construct a harmonious and stable society. Therefore, it is particularly necessary to guarantee the equal employment right in the bad situation of rampant discrimination and fierce competition in job market.However, the theoretical research deficiency and the incomplete designing of the system are the dual barrier in protecting the right to equal employment. An overall view of the development and protection practices of the right to equal employment throughout the world, Many countries, especially some western developed countries have got rich experience in theoretical creation and system operation of the right to equal employment, which ought to be used as for reference. Since the1990s, China has adopted a series of legislation and formed a preliminary legal system on the issue of equal employment. But there are still a lot of problems, for instance, legislation is not perfect, administration is inadequate or elusive, channel for social relief is not free from obstruction,etc, so it is common to see the phenomenon of the discrimination of employment in our country, which greatly damages employees’rights to equal employment. Thus, presently, actions should be taken, surrounding with the current research status and problems of the equal employment right security, from the following three aspects:completing the legal system, boosting law enforcement, strengthening judicial relief, to improve and institutionalize the national legal system so as to effectively protect the equal employment right.This thesis consists of four chapters:The first chapter is an introduction to the right to equal employment and the realization principles. Firstly, the author defines the concept and connotation, analyzing the nature and effect of the right to equal employment. Secondly, the author expounds clearly the realization Principles of the right to equal employment, including general features, process, constraints, ways of realization, etc.The second chapter is an analysis on equal employment right security principles and practices. Since the theory originated from the western countries, moreover, it has not the systemic theory in domestic, so the illustration on equal employment right security principles is only based on western theories. On theoretical aspect, the author concentrates on the basic theories which ensure the realization of the equal employment, one is the right to equal employment limit theory and the other is anti-employment discrimination theory and applications. While on institutional practice side, the author presents the readers an general analysis from the following five respects, including legislation, special independent organ, effective judicial remedies, governmental demonstration, public participation.The third chapter is mainly a discussion about the status quo and problems in protecting the right to equal employment on the ground of the present law and discrimination in job seeking. The author summarizes and wholly evaluates the achievements, problems, and reasons that impeded the development in this area.The last chapter focus on the designing system of China’s equal employment right security. In this part, the author, learning from other countries’ experiences and the problems in China, states his ideas on how to ensure the right to equal employment in our country accordingly, mainly in four aspects: establishing constitutional protection system; enacting a sound anti-employment discrimination law system; strengthening the construction of administration system and improving relief mechanism, these are necessary factors to improve the right to equal employment.