关于就业权的法制保障

所谓就业权主要指的是劳动者享有的平等就业的权利,其本质在于劳动者就业享有平等的就业权利和就业机会,不应受到任何不合理的非公正待遇。当代青年的就业歧视问题是典型的对就业权的侵害行为,本文主要对青年就业的平等权进行了分析探讨,对产生就业不平等问题进行了原因探究,并针对法制保障的不充分进行了重点分析。本文认为保障青年的公平平等就业,应当做好社会保障与法制保障,努力实现就业权的有效保障,为社会和谐稳定提供法制基础。     

浅析女性职工就业歧视的原因及对策

现今就业市场上普遍存在性别歧视问题,我国目前性别就业歧视的表现为就业机会不平等、工资和福利待遇上的不平等和职业生涯的不利处境等。女性平等就业具有重大的意义,要不断完善立法等,切实保护女性职工的利益。     

透视我国公民平等就业权的法律保护——以国际法与比较法为视角

保护公民平等就业的合法权益,是维护人权的基本要求。有效保护劳动者在就业中不受歧视,是世界各国都共同关注的重要问题。正是从这个角度出发,国际社会通过了一系列的公约,各国也分别建立了相应的法律制度,其中有很多先进的经验值得借鉴,在评析英、美、加拿大、日本等国的法律制度的基础上,对比我国的现状,提出一些措施,以健全我国相应的法制,更充分地保证我国公民平等的就业机会和权利。     

论妇女的就业平等权

妇女的地位是一个国家文明程度的标志之一。目前,我国的劳动力市场上,妇女的就业机会和就业岗位往往比男子要少,男女就业权的平等并没有真正实现。劳动权是人权的重要内容,就业权是劳动权的核心。所以,我们要从重视人权的高度重视妇女就业权的平等实现。     

农民平等就业权在《就业促进法》中的缺陷与完善

平等就业权是指劳动者依法享有平等就业机会及其排除各种就业歧视的权利,它既是生存权的延伸和具体化,也是劳动权体系的起点和基础。对农民平等就业权进行立法保护,既有可靠的宪法依据和坚实的理论基础,也有十分重要的现实意义。尽管我国《就业促进法》首次规定了农民平等就业权,但它在具体保护方面仍然存在诸多缺陷,促进就业的有关规定没有涵盖农村劳动者;反就业歧视的规定缺漏较多、可操作性差;法律责任的规定不完备、不匹配。为了有效保护农民平等就业权,必须全面贯彻城乡平等就业制度,进一步完善反就业歧视制度和法律责任制度。     

男女劳动权不平等现象的原因与法律保障对策

就业问题是关乎国计民生的重要问题,实现就业是公民实现自我价值和社会价值,更是实现男女劳动权平等、女性获得经济独立和自我完善的重途径,然而目前就业领域中普遍存在男女劳动就业不平等现象,没有实现真正意义上的就业权平等,因而本文主要从女性平等就业权的视角来分析了目前男女劳动权不平等现象的表现及原因,进而探讨了保障男女劳动就业平等权的法律对策,从而实现真正的男女劳动权平等。     

英国反就业歧视制度及实践研究

英国习惯法并不禁止歧视行为,但随着英国加入各种国际组织及国内平权运动的高涨,在20世纪70年代后,英国对于禁止性别、残疾、年龄等制定了大量的法律。当前英国反就业歧视的法律渊源主要包括:欧盟立法和专门性法律。这些法律中就有关就业歧视的违法行为进行了详尽和周密的规定,包括直接歧视、间接歧视、骚扰和受害等四种歧视形态,禁止在雇佣关系中各个阶段的任何歧视。为了有效地防止就业歧视,英国依据《平等法》成立了人权与平等机会委员会。平等机会委员会在应对英国社会中相对突出的就业歧视问题扮演了重要角色。     

我国现阶段劳务派遣实证研究——以劳资关系中的社会保险为视角

我国劳务派遣就业中的劳资关系不和谐的主要原因不仅在于劳动力供大于求,更在于现有法律制度对劳资关系制衡机制规制不力。完善劳务派遣就业平等法律保障机制,需设立平等就业保护委员会,完善有关社会保险的法律,建立多元化的就业平等纠纷解决机制,培育就业平等的社会理念并树立起积极的维权意识等。     

反就业歧视——五花八门的就业歧视

“平等就业”是公民劳动权的基本内容，也是“人生而平等”这一人权理念在劳动法上的体现。“就业”关乎个人的生存与发展，每一个有劳动能力又愿意工作的人都应有获得工作的权利，并且这一权利不因个人性别、年龄、民族、宗教信仰、国籍的不同而有所区别。歧视是社会的不公正现象，就业歧视则使一部分社会成员减少应得的收入，丧失较好的工作机会，以致被剥夺就业的权利，这是一个非常严重的社会问题。     

城乡居民权利不平等的原因及其对策

目前，我国农村居民与城市居民在各个方面都存在较大差异，尤其在生命健康权、教育、就业、社会分配和社会保障等基本权益方面，农村居民与城市居民更是相差悬殊，极不平等。究其原因，既有历史根源，也有制度瑕疵，还有法律的不完善。我们要实现社会的公平正义，首先应该解决城乡居民权利不平等现象，只有实现了城乡居民权利平等，才能实现全社会的公平正义。     

Policing the industrial reserve army: An international study

Over the past three decades, the industrialized world has witnessed four resilient social trends: (1) the consistent erosion of union-membership; (2) an increase in income polarization and inequality; (3) a dramatic resurgence in popular protest; and (4) a steady rise in public and private policing employment. In this paper, we examine the relationship between these trends by theorizing and operationalizing the notion of the “industrial reserve army” and a series of related tenets in order to conduct an international (N = 45), empirical test of a nascent Marxian model of policing. By treating total policing employment as an empirical barometer of bourgeois insecurity we find that this insecurity is conditioned by two elements of Marxian political economy: (1) relative deprivation (income inequality) and (2) the rise of an industrial reserve army (manufacturing employment and unemployment). Second, while surplus value and labour militancy (strikes and lockouts per 100,000 population) rise along with union membership, the presence of higher rates of unionization appears to ameliorate the need for more policing in all but post-USSR countries. While unions assist in checking the immiseration of workers through labour actions, union membership is nonetheless inversely correlated to policing employment, giving credence to the Marxian idea that while unions help mitigate against the exploitation workers, they also act as “lieutenants of capital,” performing an essential policing function under capitalism.     

It Ain't Necessarily So: A Legal Realist Perspective on the Law of Agency Work

Analysis of UK employment and labour law is often characterised by a curious dissonance. The overarching narrative mandates that labour law is a countervailing force to the inequality of bargaining power, embedded with values and assumptions concerning the nature of employment relations and the role of labour law. And yet, labour law jurisprudence tends to treat with respect, and seeks to decipher, abstract statutory concepts and tests derived from judicial pronouncements as if they were, indeed, a ‘brooding omnipresence in the sky’. This paper seeks to bridge that gap, by offering a legal realist account of the legal doctrine that governs the employment of agency workers, focusing on the ‘necessity’ and ‘sham’ tests. It assesses the legitimacy of importing legal tests from one (commercial) context to another (employment) context; questions the courts’ protestations that their use is mandated by precedent; and outlines the real implications for the status and rights of agency workers in the UK.     

A Purposive Approach to Employment Protection or a Missed Opportunity?

This note discusses how far the Supreme Court judgment in Autoclenz Ltd v Belcher and others provides grounds for a purposive interpretation of the contract of employment for employment protection purposes, or whether its scope is limited to the specific issue of considering the validity of boilerplate contractual terms. The author reflects on the approach taken by the Supreme Court and how far issues of inequality and substantive fairness within employment relationships have been addressed. The note concludes that whilst the judgment has extended the context of facts to be considered to include a consideration of relative bargaining power, this in itself does not extend to a consideration of substantive fairness nor does it clarify the standards that should apply to a fair employment relationship.     

Race-Specific Gender Equality and Rape: A Further Test of Feminist Hypotheses

Feminists have long argued that structural inequality between men and women influences the prevalence of rape. The patriarchal maintenance hypothesis predicts that gender inequality increases rape, while gender equality ameliorates rape (Whaley and Messner 2002). Alternatively, the backlash hypothesis predicts that gender equality exacerbates the rape problem (Russell 1975; Williams and Holmes 1981). To date, no study has explored this relationship with respect to race. In the present study, we use a cross-sectional design with racially disaggregated census and crime data in order to assess the differences among White and Black women in terms of their status along educational, employment, income, and occupational dimensions, and their risk of victimization. The findings indicate that the relationship between equality and rape is masked in the model that includes all women, but becomes apparent in the race specific models. This revised version was published online in July 2006 with corrections to the Cover Date.     

Perceptions of Economic Inequality and Support for Redistribution: The role of Existential and Utopian Standards

Perceived greater economic inequality is supposedly associated with higher demand for redistribution. However, the findings in the literature are mixed in this regard, with some researchers providing evidence in favour of this association and some findings evidence against it. Given that perceived economic inequality and endorsement of system-justifying beliefs are related to increased inequality acceptance, we explore the interplay between them in relation to support for redistribution. This study is intended to shed light on the role of utopian standards (ideal estimates about what ought to be) as one mechanism that affects the relationship between perceived greater economic inequality and support for redistribution. Based on correlational data (N?=?794), we conducted a conditional process analysis and found that perceived greater inequality displayed a negative indirect effect on support for redistribution, through acceptance of ideal level of economic inequality: Perception of higher inequality was related to increased ideal levels of inequality and thus with lower support for redistribution. In addition, we found that economic system-justifying beliefs conditioned the effect of perceived economic inequality in two ways: First, perceived economic inequality was positively associated with higher acceptance of inequality, and this association was stronger for those that justified the economic system more, and perceived greater inequality was associated with higher support for redistribution—but only for those who endorsed lower levels of economic system justification beliefs. These findings provide evidence that perceived greater economic inequality does not in itself lead to a push for more redistribution; rather, utopian standards such as ideal estimates of economic inequality, which are conditioned by system-justifying ideologies.     

Criminal Punishment,Labor Market Outcomes,and Economic Inequality: Devah Pager's Marked: Race,Crime, and Finding Work in an Era of Mass Incarceration

A growing empirical literature examines the role of incarceration in labor market outcomes and economic inequality more broadly. Devah Pager's book, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (2007), offers compelling evidence that employment opportunities for former prisoners—especially black former prisoners—are bleak. I review Pager's methods and findings, place them in the context of previous work, and discuss the relation of race to a criminal record. I then explore several lines of related research that investigate the increasing reach of criminal punishment into various social realms. One goal of this essay is to draw research on economic inequality into the law and society literature.     

The Distribution of Police Protection

This paper investigates the distribution of police protection in the United States by race and class. By examining police employment and demographic data for every general-service police jurisdiction in the US, I find that poor and heavily-nonwhite jurisdictions employ far fewer officers per crime than wealthy and white jurisdictions do. That finding contrasts with an older body of literature on the distribution of police protection, which examined the distribution of police resources across neighborhoods within individual cities and found little inequality. I also find that inequality in police protection has grown since 1970—a finding that contrasts with the increasingly equal distribution of resources for education, the other major claim on local government revenues—largely because criminal victimization became more concentrated in disadvantaged communities. (In the process, I find that contrary to widespread impressions, the crime rate fell very little in the most disadvantaged jurisdictions from 1980 to 2000, and violent crime actually increased). Finally, by examining data about federal grant programs, I find that the rise of federal contributions to local policing in the 1990s slowed the growth of inequality somewhat, suggesting that revenue-sharing has a real but modest role to play in reducing inequality in police protection. Together these findings highlight a neglected aspect of equality in criminal justice.     

女生就业的比较与分析——法学专业女大学生就业情况的调查

为把握了解当前法学专业女大学生的就业现状,分析女大学生“就业难”的主要原因,研究分析并提出相关对策建议,我们对某高校女大学生就业情况进行问卷调查。调查中我们发现女大学生就业形势的确不容乐观,女生就业面临的最大困难就是性别歧视;政府部门、用人单位与学校应采用积极的改进措施。     

Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black–White Racial Inequality

In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize that U.S. Attorneys’ offices that are more proactive in charging defendants with crack, relative to other kinds of drugs, and relative to case strength and seriousness, will demonstrate higher rates of black–white racial inequality in case outcomes across the entire criminal caseload. Consistent with theories of institutional racism, our findings demonstrate that aggressive crack prosecutions at the district level are a strong predictor of black–white inequality in conviction rates across the entire criminal caseload, and a much more modest predictor of inequality in final sentence outcomes. We conclude by discussing the importance of organizational‐level empirical analyses for more effectively uncovering the conditions under which inequality can and does flourish in legal settings, and suggest possible future lines of inquiry along these lines.     

Employer aversion to criminal records: An experimental study of mechanisms

The mark of a criminal record is clearly harmful for employment. The reasons for employer aversion, however, are not well established even though legal, policy, and scholarly responses rely on particular explanations. We propose that explanations for aversion often fit under a repetition risk framework in which employers use records as neutral sources of information about prior illegal activity and make decisions to minimize risk of similar future conduct. A second explanation is stigma, in which the records themselves, independent of conduct, trigger stereotypes, status loss, and discrimination. Using an experimental employer survey, we find that employers evaluate applicants with records more negatively than they do applicants with similar behavior signaled through non-criminal-justice sources (e.g., social media); this effect remains after accounting for predictions about future conduct. It is also most apparent among higher status jobs rather than among manual labor jobs, and it persists after adjusting for firm-level and legal constraints. We conclude that aversion reflects not only repetition risk but also the stigma of criminal justice contact. Insofar as criminal record screening is not exclusively a form of rational risk management, this finding may lead to altered assessments of the benefits of screening relative to the costs of perpetuating inequality produced by the criminal justice system.