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目的对HIV/AIDS人员就业权与用工自主权的冲突进行分析,为合理化解这一冲突提供有效思路。方法采用实证研究、文献研究、比较研究和案例研究的方法对HIV/AIDS人员的就业权与用工自主权的冲突予以深入探讨。结果保护就业权具有理论和法律的正当性,企业拥有用工自主权有法律依据,亦受到法律的限制。HIV/AIDS人员就业权与用工自主权冲突主要表现为就业歧视。两权冲突的原因众多,立法存在漏洞、法律实施监督力度不够和政府缺乏作为是其主要的法律制度因素,应通过完善相关法律法规、拓展就业权的救济途径、加强政府监察职能的统一化与有责化来化解这一冲突。结论两权冲突时,政府应该本着平等、正义价值完善法律制度保障平等就业权。
Objective To analyze the conflict between employment rights and labor autonomy of HIV / AIDS personnel, and to provide an effective way to resolve this conflict reasonably. Methods Empirical research, literature research, comparative studies and case studies were conducted to probe into the conflicts between the employment rights and the labor autonomy of HIV / AIDS personnel. Results The protection of employment rights has the legitimacy of theory and law. Enterprises have the legal basis for the employment autonomy and are also subject to the law. The conflict between employment rights and employment autonomy of HIV / AIDS personnel mainly manifests as employment discrimination. There are many reasons for the conflict between the two rights, such as loopholes in the legislation, inadequate supervision over the implementation of the law and lack of government as the main legal system factors. We should improve the relevant laws and regulations to expand the relief channels of employment rights, strengthen the unity of the government supervision function and There is a responsibility to resolve this conflict. Conclusion When the two rights conflicts, the government should perfect the legal system to guarantee the equal employment right in the value of equality and justice.