Research On The Protection Of Employment Equality For Released Criminals

This paper takes the employment equality right of the released prisoners as the research object,starts from the employment status of the prisoners,analyzes the causes of such problems and the theoretical basis and legal basis for protecting the right to employment equality of the prisoners.On the basis of drawing on the useful experience outside the domain,it proposes measures to guarantee the right to employment equality of prisoners.It is hoped that on the basis of coordinating the employer's right to know,social public security,and the conflict of employment rights of prisoners,the right to equal employment of the prisoners will be reasonably protected.In addition to the citation,the full text has four parts.The first part begins with the employment status of the released prisoners,first of all,the definition of the right to equal employment of the prisoners.Secondly,it analyzes the employment status of prisoners and explains the relationship with the rate of recidivism.This paper believes that the current employment status of prisoners has two characteristics:employment opportunities and poor stability.The higher the employment rate of prisoners,the lower the rate of recidivism.Finally,it sorts out the theoretical basis and legal basis for protecting the right to employment equality of prisoners and the significance of protecting this right.The second part analyzes the reasons that hinder the realization of the right to employment equality of prisoners: institutional reasons;market reasons;institutional reasons: on the one hand,the system limits the realization of the right to employment equality,on the other hand,the right Insufficient relief after being infringed.The realization of institutional restrictions on rights is manifested in the fact that the pre-existing reporting obligations indirectly limit the right to employment equality of prisoners and the discriminatory provisions in the normative documents.The lack of rights and remedies is manifested in the imperfection of anti-discrimination laws.The third part shows the experience of protecting the right to equality ofemployment in prisons for extraterritorial protection.They are introduced from two aspects: the appropriate restrictions on the reporting obligations of the former department and the judicial relief system for employment discrimination.And compare and summarize the relevant regulations of various countries,and analyze their advantages and disadvantages.In the fourth part,based on the comprehensive analysis of the causes of the problems,combined with the useful experience outside the domain,the measures to guarantee the equal employment rights of the prisoners are released.It is mainly explained from the following aspects: 1.Reasonablely restricting the criminal record reporting obligation of the person released from prison;firstly,the obligation of the criminal record should be combined with the right to equality of citizen employment as stipulated in the Constitution and the obligation to inform under the Labor Law.And strictly limit the scope of the criminal record reporting obligations to criminal penalties that are directly related to the work.Secondly,failing to fulfill the obligation of the prior report does not necessarily lead to the invalidation of the labor contract.Only when the criminal punishment record that has not been notified is directly related to the work can it be considered as invalid.2.Based on the “real professional qualifications” to clean up the discriminatory provisions on the release of prisoners;3.Improve the anti-employment discrimination laws;mainly from the designation of anti-employment discrimination laws and the improvement of judicial relief mechanisms.4.In order to cope with the shortage of market-oriented resettlement,the prisoners will be included in the affirmative action plan.It is conducive to helping the prisoners to release the vulnerable groups to obtain equal employment opportunities,and to guarantee the substantive equality of the right to employment in the prisoners.