Now, duty field is turned over black the first person discovers many enterprises in Guangdong, when employee of invite applications for a job, existence is apparent " obtain employment is discriminated against " phenomenon, what belong to the obtain employment to laborer to discriminate against?
Small make up knowledge of labour and capital to gain ground, citing:
1, age discrimination: Be like driver of invite applications for a job: Ask 35 years old less than; Operator of invite applications for a job: Mention expressly 40 years old less than;
2, sexual discrimination: Requirement office civil member, keep an action woman; Or director of invite applications for a job, want the man only;
3, district discrimination: If ask Sichuan, Henan is not enrolled;
4, other discrimination: Registered permanent residence, appearance, blood type, constellation.
With case view: One, case one: Guangzhou city had 2016 work younger sister with " obtain employment is discriminated against " for, to institute proceedings, won a company, win compensation! The court finds out: Liang Mou refers recording and sound to resemble a data, plan to prove she heads for M wine shop, with the communication circumstance of downstage staff member. The conversational content in kinescope shows, downstage personnel states this wine shop for many times: "Kitchen apprentice is not enrolled female, as long as male " " there is workingwoman in the kitchen, it is male " " company provision kitchen does not enrol workingwoman, although chef card also is no good " " do not enrol workingwoman, filling a list also is trashy " " the problem that is not actual strength, this is the reason on management, say not to enrol workingwoman " etc.
The place that M wine shop confirms kinescope is medium is company seat location, but think downstage article member the opinion that cannot represent human affairs branch. The court thinks: Should deny about M wine shop assume corresponding civil liability issue. Authority of obtain employment equality points to laborer no matter belief of nation, phyletic, sexual distinction, religion, enjoy line of business of equal obtain employment, own choose lawfully and the right that does not get discrimination. Right of obtain employment equality belongs to the category of benefit of right to work of laborer not only, also belong to laborer to regard the natural person's character as authority category. In process of invite applications for a job, the distinction that this wine shop produces because of applicant sexual distinction only, limitation and repellent behavior, the obtain employment equality that damaged Liang Mou counterpoises, caused certain spirit to damage to Liang Mou. What M wine shop should realize oneself deed is undeserved, reason this academy sets according to afore-mentioned law, sentence your M wine shop to be made to Liang Mou lawfully written make an apology, compensate for corresponding spirit to damage solatium 8000 yuan.Case 2: Hangzhou concerned couplet case 2014: The court finds out: Accuser submitted following evidence with respect to its view: . . . . . . . . 5, accuser and the accused staff member communicated in June record 1 (print) , proof accuser calls to be communicated to the accused phone apply for a circumstance; 6, communicate recording character edition 1 (print) ; 7, recording kinescope CD 1; Evidence 6, 7 use at proving the accused fastens a female with accuser for, do not grant to consider accuser apply for application. The court thinks: Law sets related root Ju our country, laborer enjoys the right of equal obtain employment, laborer obtain employment does not differ because of the circumstance such as sexual distinction and suffer discrimination, the country ensures a woman to enjoy the right of as equal as the man obtain employment, unit of choose and employ persons enrols the member that servantchoose a person for a job, the does not suit a woman type of work that provides except the country or outside post, must not because of sexual distinction, reject employ woman to perhaps raise the employ requirement to the woman. In this case, the accused needs the post of invite applications for a job to be article table plan, the accused proves without quote this post belongs to the job that the female worker that law, code provides prohibits be engaged in, the invite applications for a job that its release root Ju asks, the female can be competent completely the job of this post, the need that its place argue weighs enrols the reason that hires the man and law to not agree with. Here the circumstance falls, whether does incorrect accuser accord with the accused condition of invite applications for a job undertakes checkup, and it is female, its need with accuser directly accuser rejects to apply for for employ male, its behavior violated the right of accuser equality obtain employment, carried out obtain employment discrimination to accuser, caused certain spirit to damage to accuser, the reason that reason accuser asks the accused compensates for spirit to damage solatium is sufficient. Court decision: Solatium of spirit of accuser of the accused compensation 5000 yuan. Remarks: Above two case, pick anthology from expert of Guangzhou town famous labor Zhong Yongdi is written " link essence understands crux of hazard of law of resource of company labor power " one book. The teacher of labor law guidance that bell lawyer also is me, xiang Zhong's lawyer thankses.
Duty field turns over black Zhu Guangbing of the first person comments on: 1, modern society, early not be male agrarian female those who knit farming agrarian times, the female had social women of the new society early with respect to the top. Additional, because of the division of labor of continuance offspring, cause duty field female to have a lot of obtain employment difficulty, we are complete the society should give duty field female to be mixed with more cares help, and cannot the identity because of the female, and violate the duty field their refus besides. 2, in real work, still put in the phenomenon of a lot of age discrimination, a lot of enterprise, more than 40 years old, some exceeds 35 years old even not employ applicant. This is unreasonable completely illegimate also. Because, now the extension of the life as the person, person of 60 years old is equivalent to previously the body of person of 40 years old, they have physical strength and ability completely to continue to make contribution for the society, and unit of choose and employ persons sets such threshold, direct their close the door on, special not human nature, illegimate also. 3, hope these units, can with small those who compile afore-mentioned collection is true adjudge case to be a lesson, contrast from already the company is real, check immediately, if have,disobey, correct an error instantly, eliminate these discrimination of duty field, let all laborer can enjoy the obtain employment right of equal freedom, do not get any discrimination flinchs tiredly.
I am a head number job field is turned over black Zhu Guangbing of the first person. I ever led 12 netizens to lie 2010 bottom Shenzhen Fuji health (but Baidu: Fuji Kang Zhuguang arms) . I already was in now first accumulative total is offerred for 3000 much netizens seek advice reach a help, solve the problem of labour and capital that encounters for them. If you have need, add in time please " attention " , through the illicit inside the station letter and I am contacted, my at one's leisure can reply.