Conflict And Coordination Between Equal Employment Right And Employment Autonomy

Enterprises enjoy the autonomy of employment in recruitment and business decision-making.Equal employment right,on the other hand,is the embodiment of equal right in the field of employment.It carries the concept of human rights and the right to survival,but due to the different subjects of interests and the conflict of exercise content,these two rights seem to doomed the conflicting relationship.In this situation,the temporary dominance of one right will inevitably lead to an employment phenomenon,such as employment discrimination or counter-discrimination.In recent years,the concept of equal employment right has gradually deepened among the public,while the autonomy of employment of enterprises is constantly expanding,and the infringement of equal employment right is becoming more and more obscure.In this context,the conflict between equal employment right and employment autonomy is also further intensified.Therefore,it analyzes the practical phenomena caused by the conflict between equal employment right and employment autonomy,explores practical suggestions on the coordinated conflict between equal employment right and employment autonomy,and theoretically enriches the right boundary and scope of equal employment right.Based on the conflict between equal employment right and employment autonomy in judicial cases,and summarizing the conflict between equal employment right and employment autonomy in practice,we find that even if the protection of equal employment right is recognized in judicial procedure,there are still problems in the relief process,like difficult unified judgment standards and satisfactory relief results,leading to the definition of employment discrimination,reverse discrimination,real professional qualification,workplace bullying and so on.Discuss the historical background,bearing value and mutual relationship between equal employment right and employment autonomy,combined with the practice of equal employment autonomy summarizes the reasons of the conflict between equal employment right and labor autonomy,mainly including the difficulty of equal employment dispute,the exercise of enterprise employment autonomy fuzzy,legal squeeze between equal employment right and employment autonomy and specific provisions and equal employment dispute relief unreasonable,etc.Finally,for the reasons of the conflict between equal employment rights and employment autonomy,promote the equal employment dispute by applicable,clear enterprise abuse of employment autonomy,explicit legal situation,clear the way of proof and relief degree,can practice the right of equal employment and provides a good plan for the conflict between employment autonomy.