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Definition of sex discrimination in employment and legal responses

Author: QinZuoKai
Tutor: WangGeYa
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: Employment Sexism Equality Legal responses
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 116
Quote: 2
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Abstract


Factors of the historical legacy and social prejudices in the field of employment, there is quite a serious gender discrimination in employment, serious damage to the citizens of the Equal Employment Opportunity. Currently, workers sue for sex discrimination in employment cases are rare, but deeper and deeper impact of social pluralism, various vulnerable groups have been fighting the voices of the interest has become more high, coupled with the WTO \more and more when the end of the promotion, false time employment gender discrimination disputes, and is sure to be a wide range of great importance. To establish an anti-discrimination in employment law is one of China's urgent legislative content, not only conforms to the international trend and WTO requirements, but also to ensure the citizens Equal Employment Opportunity. Sex discrimination in employment both economic issues, social issues, and legal issues. Current employer benefit is that under the conditions of market economy first convergence is difficult to value principles and laborers Equal Employment values ??between the root of the problem of widespread sex discrimination in employment, an embarrassment of facing the law today. Countries employing unit autonomy regulation in the public law sense of the trends of modern labor law under the concept of the social standard and the development of anti-employment discrimination law should serve as an important aspect to improve the labor legislation. Safeguard mechanism to pass legislation to further clarify the right to equal employment and illegal relief measures to eliminate discrimination in employment, guide and promote the healthy development of China's labor and employment market. Our country has no specialized anti-discrimination laws, anti-discrimination provisions are scattered throughout the Constitution, the laws and regulations of the Labor Law, the Employment Promotion Law \Although \provides that no concrete to prevent retaliation provisions. The lack of these essential elements of the victim without reasonable expectation for the outcome of the litigation, the practice is often not worth the candle. Coupled with scarce employment opportunities subject to national conditions, the victim would prefer forbear. This victim, after all, a wise choice, but the objective is tantamount to encouraging the perpetrators of sex discrimination. These obstacles do not rule out the Employment Promotion Law \\For a researcher, this is a worthy subject of concern; For each policy makers, this is a can not avoid the problem. Sex discrimination in employment impede price signals in the market to play its due role, is not conducive to a reasonable and orderly flow of human resources, thereby affecting the development and improvement of the socialist market economy. Sex discrimination in employment is not conducive to narrowing the gap between urban and rural areas, and hinder the process of China's urbanization. Sex discrimination in employment is contrary to the principle of natural justice and legal justice, severe endanger social stability. Against discrimination in employment, and to promote the important duty of fair employment should be borne by the Government.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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