Whom refined recent two person who carries HIV Shen play discriminate against the lawsuit against employment, have aroused the attention from public opinion. First, it is Xiao Jun in Liangshan of Sichuan while entering for Panzhihua Yanbian county teacher's position, because AIDS is measured and presented positively and is refused to employ. Second, this year's graduate of Anhui An'qing Xiao Wu is while entering for the post of An'qing teacher of the market, refused because it is presented positively that AIDS is measured too. Two case precede by media national the first against the intersection of AIDS and the intersection of employment and famous hair of discriminating against case. Has just actually begun about the thinking discriminated against in employment, the success or failure of these cases lies in some technological questions - first two cases, applicable " universal standard of physical examination that the civil servant is employed " that the key should lie in the teacher's recruitment, because this standard judges it is not up to standard that HIV presents positively; And then the key to the case lie in, is the Mediterranean type anaemia " blood disease " in the above-mentioned standard together . However, the thinking which the whole society discriminates against to employment, has just begun. International labourer conference pass about employment and convention that job discriminate against 1958, the intact definition discriminated against to employment is as follows: ( 1) On the basis of race, complexion, gender, religion, opinion, national blood lineage or any difference which the society comes from political, repel or preferential, whether its result or damages obtaining employment in order to cancel or the professional chance equality or treatment is equal; ( 2) Or Damage obtaining employment or other differences with equal professional chance equality or treatment, repelling or preferential. ( 3) Any difference of requirements one's own on the basis of working specially, repelling or preferential, not deemed to discriminate against. We can summarize in studying the science, namely: Job market because of " It is improper " Condition,last difference and treat (be included by recruiting, position and difference at salary) ," discriminate against " . But what is " It is improper " (used at the end of a special alternative, or rhetorical question)? The society is so complicated, our judgement to right and wrong, good and evil changes with era. It recruits black persons to be to discriminate against obviously, but recent U.S.A. for decades practise, surmount the complexion discriminate against already against administration of justice that employment discriminate against. For example famous Griggs tells Duke power Company case ' 1971) ,The plaintiff black Griggs thinks its employer proposes unloading the coal worker and needing the diploma of middle school to discriminate against too, because black person graduates from the middle school to lead and is well below the white man. Finally, the court confirmed two principles about fair employment: First, law not only forbids discriminating against openly also forbid the behavior that is discriminated against fairly seemingly and actually; Second, employer can't prove its employment condition opened directly relates to post, discriminate against. Later it is in the ascendant to discriminate against in the American civil rights movement against employment, has confirmed a series of anti-discrimination principle: Sexism, age discriminate against, discriminate against at disabled person,even a little because of education, height, weight, last " select by standard " that be recorded,etc. May all form and discriminate against. That the labour law of current America and Europe, is formed by two parts: First, discriminate against the law against employment; Second, collective bargaining law ( Including strike law) . The different way discriminated against against employment but China discriminates against the way taken against employment, totally different with U.S.A.. This means standard and method to discriminate against against employment of U.S.A., can not apply to our country directly. At present, the common point of discriminating against the case against employment of China lies in, the plaintifves are all sueing civil servant and public institution, this is the national conditions situated in China, it is unrealistic to prosecute the employment of enterprises and discriminate against, discrimination that can only sue pursuit procedure fair civil servant and undertaking personnel that the government office hold while employing, this is the development route of China, rather than U.S.A. prosecute enterprises directly. However, the recruitment of civil servant of China and teacher, have a difference greatly to obtain employment with the ordinary job, the question among them must make a careful and detailed analysis. First, the civil servant's social insurance system is different from the ordinary labourer, its standard of health is special, this kind of " special " Discriminate against? For example, a civil servant of the open district of river of Lu state, went to toilet and fell down and caused death because of carelessness when noon recess not long ago, unexpectedly the result is determined as " Die on business " ,Cause public opinion to be in an uproar, this piece it evaluates itself to be legal. Because the civil servant is not suitable to apply the labour law, industrial injury regulations, there is no one's own industrial injury regulation, but consulted " soldiers comfort and compensate the regulations of preferential treatment " for a long time. According to this regulation, the death of the civil servant is divided into three kinds: Die of illness, sacrifice on business and a martyr. That is to say no matter die of disease on the post, the civil servants all belong to " die of illness " at least ,The country wants for the pension; And the labourer dies in the yard outside, can't calculate the industrial injury in principle, the employer needn't compensate. Moreover, the civil servant's hospitalization cost is that the taxpayer buries the single one. Right and obligation are reciprocal, so has not stipulated in the labour law employees should be healthy, " public servant law " but stipulates: The credentials of the civil servant include " Have health condition of fulfilling the duty normally " ,So just civil servants are employed physical examinations, and <
|
No comments:
Post a Comment