On The Equal Right To Employment In China

The right to equality of employment comes from the concept of equality,which is corresponding to it.The right to use human autonomy shows more freedom spirit of contract.Modern law needs to balance the employment equality of workers and the autonomy of employers.In particular,the right to equality of employment is legally derived from the equal rights in the constitution,and the labor law and Employment Promotion Act specifically establish the right to equal employment for the workers.Everyone enjoys the equal right to employment stipulated by law,but this right is eroded by employment discrimination.The right to equal employment and anti employment discrimination is a symbiotic relationship.The protection of equal employment rights means employment discrimination.Employment discrimination infringes the right to equal employment,and the market's role in the regulation of employment discrimination is very weak,so it needs urgent legal intervention.Therefore,we have formulated a series of protection system for equal rights in employment.The legal system is quite successful in dealing with the problems of institutional discrimination,but it still has little effect in dealing with cases of employment equality because of its own gaps and drawbacks.The disadvantages of the legal system of equality of employment in our country are mainly manifested in the following aspects: the lack of the system of the burden of proof,the classification of discrimination,the standard of proof of discrimination of employment,the administrative responsibility and the employment discrimination function of the administrative organs.In the judicature,the court's application of the case is confused,the discriminatory advertisement can not be corrected,the normative document discrimination of the government institutions and the lack of the court trial are fair and reasonable.According to the above reality,to solve this problem,we need to start from two aspects: legislation and judicature.Specifically,in legislation,discriminatory recruitment advertisements should be included in the scope of public interest litigation,to increase the administrative responsibility of employment discrimination,to implement the administrative authority of the labor administrative department on employment discrimination,to make up for the vacancy of unidentified burden of proof,to increase the anti employment discrimination function of the labor administrative department and to perfect the complaint and to improve the appeal.Reconsideration system to solve the problem of normative documents.In the judicature,it is necessary to introduce judicial interpretations for the application and formulation of the classification and identification standards of direct discrimination and indirect discrimination,so as to guide judges to guide the judges to improve the legal application ability of employment discrimination cases.