【作者】 董凤华；

【导师】 冯彦君；

【作者基本信息】 吉林大学 ， 经济法学， 2006， 硕士

【摘要】 在劳动关系领域,由于劳动者所处的弱势地位,人格尊严权经常受到侵犯。这不仅侵犯了劳动者的基本公民权利,更损害了整个社会的公平与正义。劳动者在劳动过程中应当有独立的人格,不受雇主的支配、干涉和控制。作为以保护劳动者为立法本位的劳动法要使劳动者获得有尊严的劳动,就必须通过法律的强制来弥补劳动者的弱势地位。劳动尊严权是对目前我国劳动权体系的完善,有利于全面保护劳动者的利益。本文主要采取实证的研究方法,通过对案例的分析得出结论,希望对我国相关的法律制度的完善起到参考作用。在对劳动尊严权进行制度设计方面,主要应当以现行法为基础,在劳动法中对具体的权利内容进行落实,同时在时机成熟的时候制定新的单行法,发挥法律的合力作用。更多还原

【Abstract】 It is stipulated in the Constitution that the right to work is one of the basic rights of citizens and also an important part of human rights. From different perspective, western countries mainly emphasize citizen rights and political rights while developing countries stress economic, social, cultural rights as well as the right to maintain and develop existence. Because he right to maintain and develop existence is characterized by the right to work, the protection of human rights is closely related to labor law.With the development of the notion of human rights, the respect for human dignity has become the objective and the fundamental foothold of human rights movements. Human dignity is regarded as the ultimate value of people and interests in dignity are the top interests. Nevertheless it is not rare to see human dignity abused in workplaces. For example, during recruitment or employment, some workers are treated with discrimination in terms of sex, age, height, look, health, experience, qualification, or origin. In some foreign-owned enterprises or joint ventures, there are cases of employers infringe upon workers human dignity, such as when workers are frisked, insulted, forced to kneel down, monitored with cameras and harassed. Work is the basis of people’s existence and discriminations in work have pushed hundreds of millions of minority workers into a crisis of survival. The negative effects brought even greater damage on the society than on the economy. It not only infringes upon people’s basic rights as citizens but also harms the fairness and justice of the society.There are three parts in the paper on the proposition of work dignity.Firstly,the Labor Law of China puts workers at the core and is oriented toward their protection. In order to protect the workers and give them due respect, it is necessary for us to make up for their weak position through legal force. Therefore, the dignity to work has put this biased perception into practice in the labor law system. It is clearly stipulated in the labor law that更多还原