就业歧视初探

我国在就业领域中存在着严重的就业歧视,诸如年龄、性别、户口等等方面的就业歧视已经严重损害了劳动者的平等就业权。根据就业权产生的依据和满足人们需要的层次的不同,可以将就业权划分为基本就业权和非基本就业权,就业歧视也就相应地划分为基本就业权领域的就业歧视和非基本就业权领域的就业歧视,后者又可以分为由劳动者自身内在因素引起的就业歧视和由劳动者自身外在因素引起的就业歧视。针对以上三种不同类型的就业歧视,主张按照贡献原则进行就业权的分配,在基本就业权领域实行完全平等分配;在非基本领域以劳动者内在因素为依据按照贡献原则进行比例平等分配,以此来建构我国的反就业歧视法,并根据产生不同就业歧视的原因,对拟采取针对措施进行初步探讨。

Preliminary Discussion on Employment Discrimination

Serious employment discriminations on age, sex and residence has existed in China, which has impaired greatly the equal employment right. In accordance with the evidence of employment right establishment and different standards to meet people's demand, the right can be divided into basic right and non - basic right. Correspondingly, the discrimination can bedivided into discrimination in the field of basic employment right and discrimination in the field of non - basic employment right, while the latter one can be divided into the discrimination resulting from the internal causes of laborers and the discrimination from the external causes. In the light of the three types of employment discrimination, it is advised that the employment right should be distributed according to the principle of contribution. It should be distributed equally and completely in the field of basic employment right; while in the field of non - basic right it should be distributed equally in proportion with contribution on the basis of laborer' s internal causes. Therefore, the law against employment discrimination can be conceived and the preliminary inquiry about the approach to the problem can be conducted based on the different reasons for employment discrimination.