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The employment of college students is a hot issue in recent years, and efforts to improve the employment rate of college students have become a top priority for the government and schools in the graduation season. How to protect the employment rights of college students and promote the fairness and efficiency of their employment? This paper expounds from three aspects: personal information protection, equal employment and strengthening employment service, in order to attract more attention.
Keywords: personal information, equal employment right, employment service right
China Library Classification Number: F24 1 Document Identification Number: A Document Number:
A few days ago, a group of graduate students were recruited for the post of sanitation worker in a certain place. Whether this phenomenon is a waste of talents or the tragic degree of college students' employment at this stage, it reflects from this aspect that college graduates have become the main source of ordinary workers. Although college students, as ordinary workers, are not necessarily special, and there is no need for special legislation to regulate the protection of college graduates' employment rights, it is extremely important and positive to safeguard and guarantee the necessary employment rights of this group according to the existing legal system under the current situation. Therefore, the author expounds the protection of college students' employment-related rights and interests from the following aspects.
I. Protection of personal information in employment
"Personal information" refers to the identifiable information such as the name, date of birth, ID number, household registration, genetic characteristics, fingerprints, marriage, family, education, occupation, health, medical records, financial status and social activities of a natural person. 1
At present, there is asymmetry between college students and employers in the process of job hunting. Employers can take advantage of the position of the buyer's market and ask for the personal information of college students at will. Specifically, on the one hand, many college graduates' personal information is grasped by recruiters through various channels, such as home address, telephone number, ID number, life experience, property status and so on. On the other hand, after obtaining these personal information, employers will intentionally or unintentionally disclose or improperly handle these personal information, and even illegally sell these personal information. However, college graduates lack social experience, and their personal information can easily be used for illegal activities. In addition to strengthening the awareness of personal information protection of college graduates, the grim situation urgently requires the promulgation of the Personal Information Protection Law to effectively protect the personal information of college graduates.
Second, the protection of equal employment rights.
The equal employment right of college students means that every college student enjoys equal rights with other workers and every college student in terms of employment status, opportunities, conditions and rights protection. The essence of "equal employment" is to oppose all kinds of discrimination in job hunting and employment.
At present, in the labor market, the unfair employment of college students is still serious, which can be roughly summarized into two aspects: first, the discrimination of identity background; The second is physiological discrimination. Identity background discrimination can be divided into three aspects: social relations discrimination, household registration discrimination and experience discrimination. Physiological discrimination can be divided into gender discrimination, health discrimination and appearance discrimination. These are easy to understand, so I won't elaborate on the common discrimination here. The author only focuses on the analysis and evaluation of the former.
Job seekers with good social relations can bring them benefits in job hunting. On the one hand, they can get employment information cheaply, on the other hand, they can help recommend employment. Due to the imperfection of laws and regulations in the employment market and the lack of supervision, powerful people use this "convenient condition" to bypass legal procedures, and even take illegal means such as setting in advance and missing examination questions to obtain employment opportunities. On the contrary, ordinary students who do not have such convenient conditions may not get corresponding employment opportunities by relying on their own abilities and knowledge.
Household registration discrimination refers to some unfair policies and treatments adopted by some big cities for foreign job seekers and employees. This household registration restriction is manifested in three aspects: first, college graduates of a certain major, education and school are obviously restricted by household registration; Second, foreign college students applying for public examinations such as civil servants are restricted by household registration; Thirdly, the wages and benefits of college students are closely related to the household registration, which is manifested in wages in the explicit aspect and various welfare guarantees in the implicit aspect. Therefore, college graduates without local household registration can easily become cheap labor in cities and have no real employment security.
The so-called "experience discrimination" requires college graduates to have considerable work experience. For employers, it means "you can fight if you come, and you will win if you fight", which has also become the recruitment condition of many employers. The author does not deny that some positions really need to have certain work experience, but many positions do not rely too much on experience. It is a serious discrimination to demand too much work experience and apply it to all posts. Experience discrimination excludes fresh college graduates to a certain extent, which is unfair in employment.
The above phenomenon damages the fair employment right of college students. Therefore, the state should ensure the fairness of college students' employment and regulate it by systematic legal means. First, add a clause prohibiting employment discrimination in the labor law; Secondly, formulate the Anti-Employment Discrimination Law to provide perfect relief for employment discrimination; Thirdly, strengthen the law enforcement of labor and social security departments, and truly enforce the law strictly. Finally, it is necessary to improve college students' awareness of safeguarding rights and enhance their ability to solve problems by legal means.
Third, the protection of employment service rights.
The right of employment service is the right of university graduates to provide employment services by the government, universities, employers and other social organizations in the process of job hunting. Employment service plays an important role in college students' employment. The government, universities, employers and other social organizations undertake the task of serving the employment of college graduates and safeguard their rights of employment service.
Let's take the United States as an example to introduce their college employment services. American government, universities and employers play their respective roles in the employment process of college graduates. Among them, the American government plays a macro-control role in employment, which mainly involves the release of employment policy and the adjustment of professional settings in colleges and universities. The employment service of colleges and universities mainly includes the following aspects: first, employment information service, which provides all kinds of employment information collected by colleges and universities to students through information networks; The second is to expand practical channels, and colleges and universities strive to provide internship and job opportunities for students; The third is to serve employers. When graduates reach employment intentions with employers, employers often send people to schools to discuss with graduates, and the reception services of school employment agencies in this regard are frequent and rich; The fourth is to hold campus recruitment activities.
Judging from the employment service of American universities, it has the following characteristics: first, it is student-oriented, and both the determination of career direction and the cultivation of professional ability are guided by students' independent choice, interest and ability tendency, which leads to the diversification of employment values and further realizes the diversification and socialization of job hunting. Secondly, the whole process of employment service, from the moment college students step into colleges and universities, colleges and universities provide a series of employment services for college students. Colleges and universities regard the employment of college students as a long-term project and do not prevent students from getting practical jobs. Thirdly, paying attention to the effectiveness of employment service, American colleges and universities pay special attention to internship opportunities in employment service, combining the cultivation of employability, the clarification of employment direction and the acquisition of employment channels, and truly building a communication bridge between students and employers.
Considering the advanced experience of American college students' employment service, the author thinks that there are the following problems in the employment service guarantee for college students in China:
First of all, the government's macro-control needs to be strengthened. In recent years, the difficulty of college students' employment has always been a hot and difficult point of social concern. One of the main reasons is that the state's regulation and control on the specialty setting in colleges and universities is not in place. This is manifested in the endless pursuit of increasing majors in large-scale schools or small-scale schools, comprehensive universities or professional universities, teachers and financial resources. The adjustment of majors by government departments often ignores the supply and demand of the market, resulting in the status quo of "big and comprehensive, small and comprehensive" majors in colleges and universities, and often ignores social needs, resulting in the situation of some professional students "adventure island".
Secondly, colleges and universities should also strengthen employment services for college students. This includes the following aspects: First, strengthen the cultivation of students' employability. The first is to guide college students' interest in employment and their employment psychology, so that students can enhance their interest and develop a positive outlook on employment, a serious outlook on work, a correct outlook on competition and the necessary spirit of teamwork. Secondly, colleges and universities should strengthen the service for college students' professional ability, including strengthening the unity of students' theory and practice, strengthening the provision of employment information and the development of employment resources for college students, and at the same time providing necessary and effective job-hunting skills training for college students.
In a word, the protection of college students' employment right is a systematic project, which requires the joint efforts of the government, schools, society and individual college students to form an orderly, fair and harmonious employment mechanism for college students.
refer to
[1] Qi Aimin. Research on Personal Information Protection Law [J]. Hebei Law, 2008,4:16-17
[2] Hu Yongjun. On the Equal Employment Right of College Students [J] Economist, 2008,11:124-125.
About the author: Zhao Xiaoping (1977-), female, native place: Xingtai, Hebei Province, lecturer of Mechanical and Electrical Department of Shijiazhuang Vocational and Technical College, undergraduate, majoring in teaching management and mechanical design.
Source: Theoretical Research on Urban Construction, 20 13, No.44.
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