反就业歧视中工会缺位现象的思考

The Reflection on the Phenomenon of Union Absence in Anti-Discrimination in Employment

工会是职工合法权益的法定维权组织。然而,当现实中职工受到用人单位的歧视待遇时,却往往很难寻求到工会的帮助。因此有必要从法律、制度上重新审视工会反就业歧视的必然性,也就是工会要积极参与《反就业歧视法》的制定,明确就业歧视的界定,丰富职工合法权益的内容;还要在"组织起来、切实维权"方针的指导下,积极建立行业工会和职业工会,在工会内部设立专门的保护劳动公平的部门。

Trade unions are the legal organizations for the workers to protect their legitimate rights and interests. However, in reality, when workers are discriminated by employers, it is often difficult to ask the trade union for help. Therefore, it is necessary in law and institution for trade union to re- examine the necessity of anti - discrimination in employment; that is, trade unions should actively participate in the formulation of anti - employment - discrimination law, make it clear the definition of discrimination in employment, enrich the contents of the legitimate rights and interests of workers, under the guidance of the principle ＂organized to effectively safeguard rights＂, actively establish trade unions and professional unions to set up a special protecting department within unions for labor fair.