Research On The Employment Discrimination Of China’s New Generation Migrant Workers And Legal Regulation

For over 30 years reform and opening up, the migrant workers who as a unique group of laborers play a very important role in promoting the socialist modernization process in our country. In recent years, the migrant workers begin to appear internal differentiation while in increasing quantity; new migrant workers gradually become the main force of migrant workers instead of the old migrant workers. The definition of new generation migrant workers mainly adopts “age + occupation + identity” mode. In terms of age, new generation migrant workers are young farmers born after 1980 and are over 16 years old; Secondly, form identity aspect, based on the urban and rural household registration system, the new generation of migrant workers whose identity are still the farmers; Finally, according to performance, most of them are in the city of labor-intensive industries engaging in low skill strength, half manual labor. As new generation of migrant workers grew up under the reform and opening up, comparing with old generation of migrant workers, they have many new evident features in the educational background, psychological quality, employment industry and regional orientation, consumption patterns, right protection consciousness. Those of young people are eager to blend in cities, but restricted by all aspects of the bottleneck: census register, employment, housing, social security and so on.Employment is basis of people’s livelihood, country stability. Analysis of the new generation migrant workers in the employment process is of great significance for solving the “problems of farmer, farming and countryside”, improving the quality of urbanization, achieving good and fast development of national economy. Although new migrant workers left the countryside, their identity has not changed because of the influence of our long-term implementation of the binary household registration system. Since the current legal system of anti-employment discrimination in our country is not perfect, the new generations of migrant workers suffer from a lot of discrimination in employment process and cannot get effective relief in cities which mainly display in three aspects of employment opportunity discrimination, employment treatment discrimination and employment assurance discrimination. Our country law expressly stimulate that citizens shall enjoy the equal employment rights, the new generation of migrant workers employment discrimination is essentially to violate the equal employment rights. Employment discrimination, of course, as a universal existence social phenomenon around the world, also found in western developed countries, and after a long time of development, Europe and the Unite States and other countries have also formed a relatively mature theory of the employment discrimination, especially the United States, Britain, the Netherlands. By studying the employment discrimination law regulation from these countries, providing the beneficial reference for perfecting the relevant regulations in China from the employment discrimination legislation framework, the specialized agencies and operation procedure. Finally, combined with the practical circumstances in our country, putting forward the corresponding legal countermeasure to solve new migrant workers employment discrimination problems: for example, actively promote the reform matching with the household registration system; Establish perfect legal system of anti-discrimination employment; Strengthen law education and improve the new generation migrant workers legal consciousness, perfect the security regulation and provide appropriate legal assistance to migrant workers.