On The Legal Problems Of Equal Employment In China

Equal employment rights are the important constitutional rights Workers in the process of employment shall not be treated differently except for the reasons such as the requirements of special positions and work ability. Employment discrimination and special privileges have been existing due to the split governance of city and rural areas and the class difference from the establishment of china. The most obvious is such as origin discrimination, employment discrimination, household register discrimination and regional discrimination, etc. While employment privileges are in the hand of part of the public power group in the state-owned monopolies such as Government agencies, electric power, petroleum, railway, the department of tobacco.After The third plenary session of the communist party of China in1978, the state gradually abandoned the principle of class difference. The constitution of the People’s Republic of China announced in1982:"all citizens are equal before the law." The state began to attach great importance to the protection of the citizen’s equal rights. But due to the design of the legal system in the early years of its opening-up and reform, efficiency was considered first, and no balance relationship between efficiency and fairness. Legal aspects of citizens’ equal rights including the equal rights of employment adjustment is insufficient, making employment field filled with a large number of employment discrimination on employment and employment privileges phenomenon. Now, with the development of The Times and the establishment of the socialist market economic system, People are becoming more and more eager to get fair treatment in the increasingly fierce competition for jobs, hoping no lose on the starting line. But as a result of legislative idea backwardness and the related legal system with no imperfection, China which has a population of nearly1.4billion, the world’s largest employment has no a complete employment law to protect the equal employment rights of laborers. There occurs the infringement of citizens’ equal rights of employment in some place, even appears the event that some individual job seekers take extreme measures to fight.In this background, based on the equal rights of equal rights of employment as a starting point, this paper points out the shortages of our current legislation and the negative consequences, and strengthens the specific methods and measures to protect citizens’equal rights of employment from the following several aspects:improving legislation protection of the equal employment rights, formulating special laws of anti-discrimination employment and fair employment. Limiting privileges of employment are holded by monopolized industry and other public power institution Enlarging the scope of administrative litigation, bringing the discriminatory stipulate formulated by the relevant departments into judicial review and expanding the scope of judicial protection of equal employment rights for citizens;cleaning and regulating admittance and licensing system controlled by monopolistic department; setting up the equal employment opportunity commission and special labor dispute court, etc.