Research On The Legal Guarantee Of Equal Employment Rights Of Workers With Criminal Records In China

Employment is the people’s livelihood,is a person based on the social indispensable material source.However,in China,the employment status of ex-convicts is not optimistic because of their criminal experience.On the one hand,it comes from the institutional exclusion of the legislative admittance provisions,which select citizens with previous convictions and treat them differently,restrict or deprive them in employment,so as to achieve the purpose of preventing crimes and protecting public interests.The institutional barriers formed by the legislative restrictions on the employment right of ex-convicts hinder the realization of the equal employment right of ex-convicts to a great extent.On the other hand,according to the criminal record reporting system stipulated in article 100 of the criminal law and the obligation of workers to report truthfully in article 8 of the labor contract law,the former personnel shall report to the employing unit the fact that they have been subject to criminal punishment and truthfully inform the content "directly related to the labor contract".As an extended punishment,the former record reporting system gives the former record personnel employment pressure.If former convict personnel did not fulfill relevant inform obligation when taking office,unit of choose and employ persons removes labor contract for the content that conceals to concern with the contract more by its to constitute fraud.It is worth mentioning that the former record of the ex-convict laborer who is discharged from the labor contract and the relevance of the work ability or the nature of the work need to be discussed.Both job seekers and recruits have criminal records that make their equal employment rights difficult to protect.Therefore,it is particularly important to guarantee the equal employment right of ex-offenders in China.The protection of the employment right of ex-offenders is also related to the development needs of the country to achieve fairness and more full employment.It is of great significance to the construction of harmonious labor relations and the maintenance of social stability.This paper chooses the equal employment right of this group as the observation point,analyzes the justifications of protecting the equal employment right of the former criminal workers,and puts forward some suggestions on the protection of the equal employment right of the former laborers.The text of this paper is divided into four parts:The first part is to sort out the laws and regulations of restricting employment by criminal record in our country and to investigate the judicial application of Article 8 of the Labor Contract Law on the impact of criminal record on employment in order to comprehensively reflect the current situation of employment restriction and discrimination of criminal record personnel.The second part defines the criminal record based on the analysis of the reality and norms of restricting employment and removing the criminal record in laws and regulations,and on the basis of the theory of equal employment right,referring to the survey data of relevant scholars on the employment situation of prisoners,discusses the protection of criminal record personnel from two aspects: the implementation of equal employment right and the realistic requirement of maintaining social stability.The necessity of equal employment rights.The third part combines the current situation of the first part to analyze and discuss the legislative and judicial dilemma that is difficult to realize the equal employment right of criminal record employment.The fourth part draws lessons from the experience of foreign anti-employment discrimination,and puts forward corresponding protection paths for the equal employment rights of ex-convicted workers from the perspective of the principle of proportionality.