Studies On The Principle And Legal Guarantee Of Equal Employment Rights

The employment problem is related to the national economy and the people's livelihood.The development and progress of society requires the joint efforts of members of society.And the common way for members of society to participate in social construction is to achieve their own value via employment,and to promote social development through labor.It can be said that every country pays attention to its own employment problem,and China is no exception.Equal employment right enables people who participate in employment can obtain the corresponding employment opportunities equally and keep the jobs reasonably.As a specific human right,the equal employment right pursues substantive equality in the field of employment and the connotation is that the employees can truly be in an equal competitive position in the employment process,while also allowing for differences treatment in special circumstances.On December 21^st of 2018,the Central Economic Work Conference took"Stabilizing Employment"as the head of the six stable goals once again,and emphasized the"implementing employment priority policy"requires us to properly handle employment-related issues for the country's economic development and social harmony and stability.Since we have witnessed a variety of types of employment discrimination at present,how to better protect the realization of equal employment right appears extremely significant under such severe situation.Various types of employment discrimination also challenge the realization of the right to equal employment for whole world.From the reality of our country,we can also find a series of problems that need to be solved urgently in the process of guaranteeing equal employment.Currently speaking,no matter in theoretical studies or the establishment of legislation system,we still have a long way to go.Although there are laws such as Labor Law,Labor Contract Law,Labor Dispute Mediation Arbitration Law and Social Insurance Law,but in the actual operation process,the lack of legal protection could still be seen.Employees often encounter obstacles in the process of seeking relief,which also leads to the growing discrimination in employment and seriously violates the equal employment rights.Therefore,we need to draw lessons from the advanced experience of foreign countries in the theoretical research on the guarantee of equal employment rights,and design solutions that can better guarantee the realization of equal employment rights.Firstly,by analyzing the status quo of the theoretical research on equal employment right in China,this paper explores the problems affecting the realization of equal employment right,and puts forward relevant theoretical thinking.Then it analyzes the general theory of equal employment rights,and mainly discusses the general principles of equal employment rights and the principle of realizing the right to equal employment which lays a theoretical foundation for solving the problem.In addition,from the perspective of comparative law,this paper analyses the theoretical research on the protection of equal employment right in foreign countries,summarizes and considers the general theory and the protection mode in practice.Finally,based on the above work,a set of effective regime designed for our own society is brought up,which aims to solve relevant problems through different protections of different law departments,the whole administrative safeguard system and optimization of equal employment right judicial remedy mechanism etc.Of course,the guarantee of equal employment rights has a long way to go.I hope that the research in this paper can play a role in inspiring the jade,and trigger more thinking on how to guarantee and realize equal employment rights in the whole society.