Research Of Legal Regulation On Employment Identity Discrimination In The Process Of Urbanization

Urbanization is a major national strategy in China modernization process.Citizenization is the essence of urbanization. Employment is the premise andfoundation of citizenization.Therebefore, the thesis takes urbanization process as thediscussion background;employment identity discrimination as study objection; in orderto provide system support so as to get rid of the exist employment dilemma,providelocalization experience for carrying forward citizenization process and improveurbanization quality as objective; combine semantic analysis method, value analysismethod,comparative analysis method, from the point of optimizing legislationsystem,strengthening labor security supervision and Judicial relief systemreconstruction to seek strategy of legal regulation on employment identitydiscrimination.Starting from interpretation theory, to read identity discrimination from diverseangle.Make it as the base and lead of the whole theory.Firstly,3aspects to defineidentity connotation: analysis from semantics, from identity to deed theoreticalproposition and contemporary Chinese context; from semantic analysis and differentscience understanding on discrimination explain connotation of discrimination. Thethesis answered what is identity discrimination from the sight of legal. Secondly,regard borrowing sociological theory; prejudice implicit; repel explicit; systemdiscriminates as3dimensions. The3things constitute a complete identitydiscrimination chain, intensify each other, vicious circle. Lastly, identitydiscrimination can be divided as education identity discrimination and employmentindentity discrimination base on the field that identity discrimination touch upon.Legal regulation on employment identity discrimination needs theory to support.From ensuring worker’s material rights, the compliment of equal employment becomes the support of legal regulation on employment identity discrimination. Fromcontinuous exploration and contend, from trudge, people’s cognition to equalitygradually deep.From thought to rights, people get closer to verity. Employment is notonly the method to live but also to pursue development interest. Drawing lessons fromhistory, to reflect the creation and development process of employment rights.On thebasis of legal principle and legal confirmation, employment rights come into being as aright.To guarantee equal employment needs to consider equality both formally andsubstantially.In other words, need to guarantee the unification of anti employmentdiscrimination and special protection to special employment group.From ensuringworker’s spiritual law, respect dignity of human personality becomes spiritual resort ofanti identity discrimination rights. Treat rights seriously and also treat dignity ofhuman personality seriously as all workers should have dignity.Economic globalizationbreeds decent work, and also become Global consensus. China also hard to be anexception, it should carry forward decent work actively, take root, integrate Chineseelement.Migrant workers citizenization is the pursuit of legal regulation on employmentidentity discrimination. Because of the special two economic system and other factors,country migrant workers not realize vocational changes Non agricultural fromfarmer to citizen and regional transfer combination simultaneously, but walk a farmer-migrant worker-citizen path. In the patch, migrant workers citizenization is thefoundation; legal regulation on employment identity discrimination is certain claim.Employment chances eliminate employment discrimination, change arrears of wagesdramatically, social insurance of migrant workers start from scratch explain the theimprovements of migrant workers citizenization made in the urbanization process.Lackof vocational skill training, equal work, different pay,low proportion of Urban socialinsurance for workers ect issues dramatize the difficulty of migrant workerscitizenization.Tracing back,2kinds system of register between urban and country isthe of biggest impediment of migrant workers citizenization.Making registrationbecomes interest reduce the ability of migrant workers citizenization, increase the cost of migrant workers citizenization, weeken the desire of migrant workers citizenization.Migrant workers citizenization process in British, USA, Janpan, etc developmentcountry owns their own feature. They provide active experience for China’ carryingforward migrant workers citizenization process and improving urbanization quality.In response to the predicament of employment identity discrimination, we need toexplore the countermeasures of legal regulation on employment identitydiscrimination.From one thing, optimization of legislative system.From the standpointof legislation model, Employment Non-Discrimination Act settled now moresuitable to timing. Popularize and implement equal pay for equal work principle,clear its content and extent of application. From identification standard, we shall makethe identification standard of direct discrimination and indirect discriminationseparately and also weaken regarding discriminate on purpose as essential condition ofidentifying as discrimination. From another point of view, strengthen labor securitysupervision. Strengthen the preventive function of labor security supervision，strengthen the implementation of labor security supervision，strengthen dialogue andcooperation among government departments，let labor security supervision can play animportant role in the process of anti employment discrimination. Lastly，reconstructjudicial relief system. Clarify that employment discrimination dispute is labor dispute.Deploy burdens of proof reasonable, try to meet both workers; equal employment andemployers’ right to freely employment. To make the economic loses compensation,mental damages compensation, punitive compensation and expression of apology asthe civil law form of China’s employment discrimination.This article based on appreciating and absorbing the acquired achievements, triesto find out innovation and breakthrough in the following areas: For the angle ofresearch, the article scans the problem of identity discrimination in the employmentarea on the new research background---urbanization. Meanwhile, the article analysesthe inconsistency and dilemma in the process of urbanization from the angle ofemployment identity discrimination, and provides institutional solutions on theexisting identity discrimination predicament to boom the process of urbanization and improve the quality of urbanization; For the contents of research, the article makessystematic explanations on the multiple implications of identity discrimination, andexplores theoretical supports for legal regulation on employment identitydiscrimination in the aspect of ensuring labourers`spirit interests and rights.