Chinese

Research on the Legal Guarantee of Women's Equal Employment Right

Date: 2024-02-07    Source: 

Abstract: In the current employment environment, influenced by traditional ideas and birth policy, women are still in a inferior position in employment, and their equal employment rights are repeatedly violated. Women's equal right to employment is the embodiment of women's human rights in the field of employment. As a major group in society, women have important contributions to society and play a very important role in economic development. The protection of women's equal employment rights not only involves each female worker herself, but also relates to the harmonious development of the whole society. In 2019, nine ministries and commissions, including the Ministry of Human Resources and Social Security and the Ministry of Education, jointly issued the Notice on Further Regulating Recruitment Practices to Promote Women's Employment, and the Law on the Protection of Women's Rights and Interests, promulgated on October 30, 2022, also made new provisions on protecting women's employment rights. However, because the current law has not formed a systematic, clear and targeted guarantee for women's equal employment rights, it is imperative to further protect women's equal employment rights. The study of women's equal employment rights should be based on the definition of women's equal employment rights, the relationship between women's equal employment rights and related concepts, and the theory of gender equality, fairness and justice and human rights. To protect women's equal employment rights and respect women's legitimate rights and interests is of great significance to protect women's personal dignity and promote the realization of women's personal value. Judging from the current situation of the legal protection of women's equal employment rights in China, there is a lack of special legislation to protect women's equal employment rights, the identification of violations of women's equal employment rights is vague, and the legal responsibility of employers is lacking. This leads to the existence of difficulties in the beginning of the rights of female workers, at a disadvantage in the proceedings, coupled with the lack of government responsibility to protect women's equal right to employment and women's right to equal employment relief way imperfect problem, it is difficult for female workers to get effective relief. Due to the relatively perfect research on women's equal employment rights abroad, the United States, Britain, Germany and Norway, four typical countries, have specific and strict laws, special equal employment guarantee institutions and judicial relief system, which can provide a reference for improving the legal protection of women's equal employment rights in China. According to the national conditions of our country, we should formulate a special equal employment law to clarify the legislative orientation of special protection of women's employment. To clarify the types, standards and defenses of violations of women's equal employment rights; To clarify the legal responsibilities and ways of undertaking by the employing unit; Improve the government's responsibility to protect women's equal employment rights by implementing the tax reduction and exemption policy and improving the care and welfare policy; By establishing a reasonable distribution system of onus of proof, setting up a special organization to protect women's equal employment, and perfecting the supervising system to protect women's equal employment right, we can perfect the relief way to protect women's equal employment right.

 

Read the full article here:   女性平等就业权的法律保障研究_贾熙宇.pdf