从就业保障权看我国劳动法

就业保障权是我国宪法保护的工作权的衍生权利。国际法对此权利的丰富内涵已有明确的标准。以这些国际标准为基准,分析我国现行劳动法对就业保障权的保护程度,并分别从反对任意解雇,限制固定期限合同,提高就业能力三方面对劳动法条文及其实践进行了考察。

Examining China's Labor Law from the Perspectire of the Right to Employment Security

The right to employment security is an important right derived from the right to work, which is a right protected by the Constitution of China. International law has clarified the normative content of this right and its correspond State obligations. This article examines the level of protection of the right to employment security in the Chinese labor law from three aspects: combating unfair dismissal, limitation of labor contract with fixed-term, and enhancing the employability. The study assesses the compatibility of China's practice with international standards, and makes suggestion on its improvement.