工作权是一项基本人权,对于非常弱势的避难者来说尤其重要。1951年《关于难民地位的公约》明确保护难民的工作权。但是,相对于已经获得承认的难民,国际法对避难申请人所享有的权利,尤其是工作权,却并没有明确的保护标准。但是,从国际人权法的一般原则和法理可以推出避难申请人的工作权并非完全属于国内法的自由裁量范围,而是在国际法上有章可循。本文认为:从国际人权法的角度看,避难申请人在难民地位未获承认之前,同样享有作为基本人权的工作权,但是接收国可以在就业准入方面做出合理限制,在必要的情况下甚至可以完全禁止就业。但是无论国家是否禁止或允许避难申请人就业,都必须遵守平等不歧视原则。国家如果实施倒退措施,则必须接受严格审查,有正当的理由,并符合比例原则。而根据我国目前的国情,虽然没有明确的国际法义务允许避难申请人就业,但是需要建立相应的保护机制,提供生活救济等,但更好的做法是在避难申请提交一定时间后,允许其就业。 The right to work is a fundamental human right and is especially important to very vulnerable asylum seekers. The 1951 Convention Relating to the Status of Refugees explicitly protects the right of refugees to work. However, there is no clear standard of protection for the rights of asylum applicants, especially the right to work, as compared to those refugees already recognized. However, the general principle and jurisprudence of international human rights law that the rights to apply for asylum-seekers are not entirely within the discretion of domestic law, but are subject to the rules of international law. This article argues that from the perspective of international human rights law, asylum applicants enjoy the same right to work as basic human rights until refugee status is recognized. However, receiving countries may impose reasonable restrictions on employment access and, if necessary, You can even ban employment altogether. However, no matter whether the state prohibits or permits refugees to seek employment, they must abide by the principle of equality and non-discrimination. Countries that implement retrogressive measures must be subject to rigorous scrutiny for legitimate reasons and in line with the principle of proportionality. According to China’s current national conditions, although there is no clear obligation under international law to allow asylum seekers to obtain employment, they need to establish appropriate protection mechanisms and provide life-saving assistance. However, it is better to allow them to seek employment after submitting their asylum applications for a certain period of time.