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Research on the Discriminatory Treatment in Employment of Migrant Workers

Author: HeRong
Tutor: WuYue
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: Migrant Workers Employment discrimination Treatment discrimination Reason Countermeasure
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 278
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Abstract

Since the reform and opening up, with the speed up China's industrialization, urbanization, the increasing number of rural surplus labor transfer to the town and township enterprises. In this process, the formation of a particular social group, is known as \Migrant workers are a special group of China's social development process, and made a great contribution to promoting China's economic growth, and plays an important role in the social and economic life, however, they play a significant role for urban modernization at the same time, but also the city vulnerable groups, the largest is the \It is because of our long-term neglect of the individual rights of migrant workers as well as the current legal system is imperfect, especially under the impact of the financial crisis, the sharp increase in the pressure on employment, discrimination in employment of migrant workers is widespread, which is alien to the socialist modernization drive, a serious impact on the realization of social justice, fairness, threatening the stability of the society, which is a major obstacle to building a harmonious society. Treatment in employment discrimination is an expression of the form of employment discrimination, the essence is also a violation of the equality of citizens' right to employment. Firstly, combined with the actual social phenomenon manifestations of the treatment of migrant workers employment discrimination, to explore migrant workers from the theoretical level, employment discrimination, the concept of treatment in employment discrimination, and then analyze the negative impact of the reasons of employment discrimination and employment discrimination, re- constitutive importance of equal employment system. And comparative approach, drawing on international and foreign advanced experience, on how to improve the anti-discrimination in employment in China's legislative system to provide an effective ideas to curb discrimination in employment, protection of the basic human rights of equality in employment conducive to the realization of workers, promote social equity , to build a harmonious society of this article is divided into six sections to explore: the first part, the author first pointed out that the employment status of migrant workers, and then combined with case summed up the treatment of migrant workers suffered discrimination manifestations. In recent years, China's migrant workers have a huge contribution to economic growth, they play a pivotal role in the development of the city, formed by migrant workers wage economy support the construction of the backward areas of the economy, balance the economic development of the eastern and western. However, the identity of the migrant workers make them into the city, but can not really integrate into mainstream society and mainstream life of the city, \They not only lack the most basic protection, and their legitimate rights and interests have been violated repeatedly. Although the Chinese government in recent years has been the emphasis on the protection of the legitimate interests of the migrant workers, but today, 'all kinds of discrimination, deceit, withheld, deprived of migrant workers should have the interests of the remains pervasive. Overall, most of the migrant workers are engaged in income, poor benefits, poor working environment and safety, treatment, labor insurance and are unable to get guaranteed secondary labor market, wages and benefits of the employment of urban residents has been government the clear provisions of the departments, such as the right to the rest of the holidays, overtime pay, and so institutionalized protection. Contrast, treatment in employment of migrant workers not only mandatory, must also face a huge labor units discretion, be deprived of legitimate economic interests, at any time there is the possibility of dismissal. In general, the treatment of employment of migrant workers suffered discrimination performance both in wages and working conditions: mainly in the form of wages discrimination: unequal pay for equal work, low wages, wage payment discrimination, wages in arrears three in serious condition ; work environment discrimination manifestations: work and long hours, strength, poor conditions, employment training and information management discrimination labor 签约率 low, and job insecurity. The second part, from the concept of the general principles of the analysis, the first definition of migrant workers, the definition of discrimination in analytical, then to define the concept of treatment in employment discrimination. I first concept of discriminatory treatment in employment of migrant workers on the treatment of migrant workers employment discrimination defined: it refers to two or more conditions are the same or similar job applicant or employee, in the course of employment, because of some of the ability to work extraneous factors and not entitled to equal treatment in employment, such as wages, promotion, training opportunities are not equal treatment. And summed up the constituent elements of the treatment in employment discrimination: occurs in the course of employment, there are two or more job applicant or employee, job applicant or employee's ability to work the same or similar subject to differential treatment must also be manifested in certain forms . The third part analyzes the status quo of China's legislation, \the provisions of the law, the Ministry of specialized anti-discrimination in employment is dispersed in the laws and regulations of all levels, unity is not strong, distinctive local. The legal provisions of the Platform, principled, actual operability weak, the lack of specific provisions on the rights and obligations, responsibilities. Facing a grim situation of employment and re-employment, the job market because of China's migrant workers lack the legal protection of various employment discrimination seriously affected China's political, economic, and social aspects of a smooth, rapid and healthy development. From the dangers of the rule of law, in terms of employment discrimination seriously affect the process of building a harmonious social goals, hindering the pace of rapid and healthy economic development, serious problems hinder the \; from economic harm in terms of the employment situation of migrant workers, the first reflects our social resources, the combination of the factors of production situation of unreasonable discrimination against migrant workers is not conducive to the building and healthy operation of the labor market in China, nor conducive to fully mobilize migrant workers work enthusiasm, will ultimately affect the social production efficiency, impede the orderly development of the economy. In terms of migrant workers from the hazards of the social aspects of employment discrimination affect social stability, labor, employment discrimination the to artificially manufacture of the contradiction between people, between the crowd and the crowd; cause of social classes and strata and regions to the crowd the relationship between tension and mutual mistrust between mutually exclusive, is bound to increase instability in the society, the harmony of the society as a whole, and greatly affected the social stability and unity. Migrant workers accounted for a large proportion of China's labor force, affect the level of the quality of the labor force of the country as a whole, the quality of the labor force of migrant workers and migrant workers employment discrimination is not conducive to the improvement of the quality of the labor force, affecting the competitiveness of our country. Results on the analysis, I believe that the reconstruction of the system of migrant workers equal employment is an inevitable requirement for building a harmonious society, the practical needs of economic development. Therefore, we must change our concept of a correct understanding of the treatment of migrant workers, to migrant workers to the national treatment, given their social security rights. Part IV Causes of discriminatory treatment in employment of migrant workers, to provide a theoretical basis for the following reference and recommendations. Analysis to identify the causes of discriminatory treatment in employment of migrant workers caused by the five aspects of the history, institutions, the rule of law, market and migrant workers causes of the phenomenon. 1, for historical reasons, including the traditional concept of the formation of misunderstanding and prejudice, and heavy and light agricultural strategy; 2, the management of institutional reasons, including the negative impact of the rural household registration system derived from the the unequal employment system and local protectionism and backward concepts; legal reasons, including the lack of constitutional guarantees, the law is too principle lack liability provisions, criteria for judging the lack of employment discrimination, the identified discrimination narrow the scope of anti-discrimination has no legal basis, there is no specific anti- employment discrimination agencies, lack of judicial relief system six areas; 4, for market reasons; their own reasons and migrant workers in five areas of analysis. Dual household registration system is a source of discrimination of migrant workers, the legal system is not perfect, imperfect is the main reason for discrimination of migrant workers. The fifth part of the foreign legislation and related system introduced, focusing on employment discrimination in the United Kingdom, the Netherlands, the United States. The legal system includes the UK's anti-discrimination in employment discrimination of any of the various stages of the establishment of a specialized agency to oversee the implementation of anti-discrimination laws - Equality and Human Rights Commission, and the establishment of a dedicated Employment Tribunal and the Employment Appeal Tribunal; Netherlands established a very complete anti-employment discrimination legal framework, consisting of four parts of the Constitution, international law, particularly the law, common law, and also have worked out a number of special laws to effectively deal with the reality of life in the various forms of discrimination, and to build a specialized concentrate for employment and social discrimination in the legal system; addition of a special clause in the ordinary laws of the country together to build a three-dimensional network of anti-discrimination in employment, with special laws. Employment discrimination legislation in the United States by the federal legislation, the jurisprudence of state legislation, the federal courts at all levels, state court precedents, as well as executive orders and other norms constitute the formation of a closely comprehensive network protection, making the job search and servant protected against discrimination in employment against transfer the burden of proof in litigation system; addition, the company is set to satisfy the judgment, the establishment of a special anti-employment discrimination, Equal Employment Opportunity Commission, given its broad mandate to ensure the implementation and enforcement of anti-discrimination law; table; gradually formed a constantly updated, and improve the system of anti-discrimination laws. Then summed up the legislative experience abroad, from the legislative mode, the exclusion clause, transfer channels for relief and the burden of proof Quartet face of the revelation of the legislative system to rebuild our country's system of equality of employment of migrant workers. The sixth part, on how to solve the problem of discrimination against the employment of migrant workers proposed in this paper. Address discrimination in employment of migrant workers must first reform of the household registration system, break the the original the household registration binary Management system, the reform of the household registration system to local conditions, step by step, focusing on the principle of fairness; followed by the introduction of the careers right to freedom of the concept, to be provided for in the Constitution reasonable grounds, in order to protect the equal employment rights for migrant workers; Third, we must establish unconstitutional censorship, resolutely abolished the unconstitutional provisions of the existing legal system; Fourth, we need to establish fair employment discrimination standards, broaden the scope of application of employment discrimination, a clear non-discrimination ; Fifth, we must establish a specialized organization of the anti-discrimination in employment; strengthen the judicial guarantees six legal countermeasures; Finally, from the transformation of government functions, increase law enforcement efforts to protect the rights and interests of migrant workers, migrant workers to improve their own quality and legal rights awareness aspects suggestions .

Research on the Discriminatory Treatment in Employment of Migrant Workers

Abstract

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