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。

On Defects and Perfection of Agricultural Workers' Rights to Equal Employment in the Law of PRC on Promotion of Employment

Workers enjoy the right to equal employment opportunity according to law and exemption from any employment discrimination. Such right is the extension and specification of right to live and fundamentals for labor rights systems. Legislative protection on agricultural workers’ right to equal employment is supported by Constitutional grounds, theoretical basis and realistic significance. Though for the first time such rights have been regulated in the Law of PRC on Promotion of Employment, many imperfections exist in specific protection measures and agricultural workers have not yet been covered by relevant regulations, such as lack of anti-discrimination regulations; hard to operate; imperfect legal liabilities. In order to effectively protect agricultural workers’ right to equal employment, the system of equal employment between urban and rural areas should be implemented; further, regulations on anti-discrimination and legal liabilities should be perfected.