Employment discrimination refers to any behavior that, based on race, color, religion, political opinions, nationality, social origin, gender, household registration, disability or physical health, age, height, language and other reasons, takes different treatment, excludes or gives preferential treatment without legal purpose and reason, thus infringing on the equal rights of workers.
The main discrimination encountered by workers in China in the process of employment is manifested in the following aspects:
1, urban and rural household registration employment discrimination
The most serious discrimination in China is the existing household registration system, because it concerns the interests of groups. It mainly includes: ① discrimination in rural hukou. Migrant workers are generally treated unfairly in urban employment. Farmers are often called "country people" and excluded by "urban hukou". (2) Discrimination against immigrants. The recruitment of enterprises in this city is often limited to "local hukou is preferred", or some employers require candidates to have local hukou.
2. Gender discrimination
Although the country has promulgated a series of laws and regulations, such as the Labor Law, the Law on the Protection of Women's Rights and Interests, and the Special Provisions on Labor Protection for Female Workers, which all emphasize that women enjoy equal employment rights with men, there is still serious gender discrimination in the employment field.
3. Age discrimination
Due to the large population in China, the employment structure tends to be younger. Some employers set strict age limits when recruiting, excluding a large number of older job seekers. More and more enterprises limit the age of employees to under 35 when recruiting employees.
4. Height discrimination
Height is beyond people's control, mostly determined by genetic factors. However, some employers often like to make rigid rules on the height of job seekers in recruitment announcements. If you can't meet the height requirements, you will often lose in the first round of resume screening.
When encountering employment discrimination, the remedies that workers can seek are:
1. Complaint reporting: report complaints about employment discrimination through the window of the local human resources and social security bureau, 12333 (human resources and social security bureau) hotline, 1235 1 (All-China Federation of Trade Unions). Relevant departments will conduct investigation and mediation by means of talks, dialogues and letters, and urge them to make corrections within a time limit. Those who refuse to accept interviews or refuse to make corrections will be investigated and dealt with according to law and exposed to the public.
2. Apply for mediation: through the window of the local human resources and social security bureau, or on the "Pocket 12333" software, apply for the intervention of relevant departments to mediate contradictions and disputes with the employer.
3. Judicial relief: if you apply to the local labor and personnel dispute arbitration commission, you can ask for continued work or direct compensation; At the same time, you can bring a lawsuit to the court against the employment discrimination of the employer.