Labor Protection And Anti-discrimination Of Employment In The International Law

Under the condition of specifying the labor protection and anti-discrimination law and legal source of international law, this paper mainly discuss the difference between the current international core labor standard and China labor law practice, in relation with the content, nature and history reform of the “international core labor standard”. In addition, this paper provide a comprehensive judgment of whether there is any inconformity in Chinese labor law regarding labor protection and anti-discrimination law comparing with the international law and practice by comparing the China labor law, social practice, the core labor standard and the legislative and judicial practice of other major nations. Through this, this paper also provides a corresponding strategy for the labor issues raised in the trade-related negotiations. In summary, this paper is consisted of three parts:The first Chapter introduces the content of the international legislation of labor standard and the content of international labor standard. On the basis of a comparative introduction of the legislation and practice in international community, I hold a view that the international labor standard is only made in the international labor conventions and suggestions hosted/made by the International Labor Organization. Under such context, I think that the content of labor standard contains the basic rights, employment rights, social security, work condition, special group welfare, and protection for certain jobs/departments, etc. According to the nature and content of each item, it could be grouped into two categories: political labor standard and economic labor standard. And the political labor standard mainly refers to the basic labor rights, including the right of association freedom and collective negotiation, prohibition of forced labor and the prohibition of employment discrimination, which are also called the core labor standard in ILO. And items such as the minimum wages and working conditions are typical economic labor standard, which this paper does not address as they are not a topic under the context.The second Chapter is the main body of this paper. This part recalls the history development of the relationship between WTO and the labor standard, as well as the reasons why there is such a major dissenting opinion between the developed nations and the developing nations. Further, I address the practical application of SA8000 Standard and ISO 26000 Social Standard in China, in order to specify the authentic “core” labor standard for the labor protection and anti-discrimination of employment in the international community. On basis of the above, this paper also analyzes economic relation between international trade and labor protection, the coordinative standards between trade and human rights in WTO rules. For this Chapter, a conclusion is drawn that China shall make its full use at WTO, positively address its own opinions and expression under the condition of defending the interests of China, in connection with the domestic situation.The third Chapter briefly illustrates the relation between ILO and China, and introduces relevant contents of China’s the labor protection and anti-discrimination of employment, and points out the difference for the practice in china and the core international practice. With the strong promotion by ILO, the development of the international core labor standard will raise new requirement for the labor protection and anti-discrimination of employment in China. Conventions regarding the international labor standard, especially the core labor standard, which has been ratified by China, have already become part of duties to revert it into domestic law. Although in the atmosphere of WTO, the social clause has never been utilized, but in other areas, social clause, or trade sanctions regarding the labor standard have appeared in the trade industry of China. There are more than ten thousands enterprise that has adopted the inspection of labor standard, many of them has a reduced bill order due to the failure to meet the requirement, some of them even failed to import its products overseas. In addition, in this part I also mentioned the obstacles in system, law and practice regarding the labor protection and anti-discrimination of employment, and give corresponding suggestions.In the Conclusion, through the above discussion and analysis, I think that compared with the international labor standard, the current labor law system of china is basically compliance. Therefore, for our country, we should avoid obstacles raised therein from any international negotiations, and gain more leverage on the stage of international trade and diplomat.