The Theory Of Equal Employment Rights

Employment is laborer through labor to survive and achieve an important link inits value and the premise, the equal employment rights and guarantee is theembodiment of the principle of equality in the field of employment. Employmentrights enjoyed and guarantee conditions, not only the relationship between theworkers of the realization of the right to life, also greatly affect the kinds of propertyrights, the right to development, the realization of the rights including the right toeducation. The realization of the right to equal employment, should be everybody onjobs and employment benefits are equal, is the essence on the basis of equality ofopportunity equality, including workers in jobs, working conditions and equal rightsof public employment guarantee service, etc. Enjoy equal employment rights and jobsmain body is the guarantee of survival and development, to satisfy their survivalneeds, social demand, realize self value, as well as the important way to gain socialacceptance in the communityEmployment discrimination is essentially a unreasonable discrimination is aserious violation of the equal employment rights, clarify the specific meaning,decision criteria, types, causes, problems such as security in favour of concrete wascarried out on the right of equal employment. Employment discrimination is a kind ofdynamic, development of the social phenomenon, it in a different time and space willhave different form of expression, also can produce a new type of discrimination. Inaddition to the traditional classification of direct discrimination, indirectdiscrimination and discrimination against discrimination based on a variety of reasons,there have been some other forms of discrimination, such as reasonable conveniencediscrimination, harassment, sexual discrimination, retaliatory discrimination and soon.The realization of the equal employment rights to equal employment rights isalso the subject consciousness of employees as the foundation, at the same time alsomust equal employment rights obligation subject (social and national) to meet its positive and negative obligations to safeguard. For equal employment andimplementation of key links is workers equal employment rights and autonomy ofunit of choose and employ persons in the job market in the game, and compared withunit of choose and employ persons, the workers in the obvious weak position, so itrequires the state power (mainly legislation and jurisdiction) timely moderatelyinvolved in this process, in order to balance the workers with unit of choose andemploy persons, the relationship between the maintenance and guarantee equalemployment rights of workers. On the right of equal employment security system, theUnited Nations, the European Union and the United States, some of the advancedlegislative experience. and system Settings can be the model for solving the problemof equal employment in China. Some of our country law about the protection of rightto equal employment, but prohibit employment discrimination effect is not ideal. Thereason lies not only in our country legal requirements in respect of equal employmentexist many defects and there is no set specifically prohibits employmentdiscrimination of law enforcement agencies, is unit of choose and employ persons toassume the risk of low employment discrimination, lack of effective system to reliefworkers, workers rights consciousness is poor, and state organs to workers equalemployment rights. Therefore, our country should draw lessons from the advancedexperience of equal employment rights on international security, in perfect on equalemployment rights, employment discrimination law, at the same time set upindependent specifically prohibits employment discrimination of law enforcementagencies, strengthening the maneuverability of the law, increase penalties foremployment discrimination.