Legislation Research On Employment Gender Discrimination Of Our Country

What is called the employment gender discrimination means the employers deprive or damage the certain gender's employment chance, employ the certain gender with the unreasonably low salary or bad security condition just because of the sex. Employment gender discrimination in this thesis mainly means the one against female.In recent years, the employment situation in our country appears the prevalent and severe gender discrimination against female, especially against female university graduates. Our country stipulates the principled regulations in "Constitutions of the People's Republic of China" (Hereafter refer to "Constitutions" for short), "Labor Law of the People's Republic of China" (Hereafter refer to "Labor Law" for short) and "Law on the Protection of the Rights and Interests of Women of the People's Republic of China" (Hereafter refer to "Law on the Protection of the Rights and Interests of Women" for short) without feasible system supporting and effective judicial safeguard. Our country joined "Employment and Occupation Discrimination Pact" (No. 111 Pact) in the year 2005. It is a pressure task to make legislation research on gender discrimination in employment, issue the "Law on the gender discrimination in employment" and protect the equal employment right on women (including female university graduates).This thesis contains three chapters.In Chapter One, the author analyzes the deeper reasons why the women of our country encounter the gender discrimination in employment. In Chapter Two, the author researches the related foreign and international legislation protection. In Chapter Three, the author researches how our country can establish the characteristic legislation system conforming to the Chinese national condition. The author will research and answer the above concerns with multi-method and multi-level in order to make a contribution to reducing the employment gender discrimination and protecting women's equal employment right.Chapter One, General Description on Employment Gender Discrimination of Our CountryIn the area of labor, New China is one of the smallest ambisextrous disparity countries. Since the market economy has implemented, employers prefer to employ men which has resulted in the condition that the female university graduates are hard to get a job.Employment gender discrimination represents in the following: employment chance discrimination, employment treatment discrimination, employment safeguard discrimination and employment service discrimination. The harm of these discrimination includes the following: It will damage the authority of national constitution and laws, be in the way of economy development, harm the society's stabilization, restrict the society's advancement and prohibiting employment discrimination is the new demand which be seasoned with joining WTO.The reasons of employment gender discrimination need to analyze with multi-dimension of the view. From the view of economics, women are in the inferiority in employment because of the five periods in physiology. The economists make an explanation and analysis in the aspects of statistical discrimination, human resources mode, social division of labor theory and partial discrimination theory. From the view of cultural science, the scholars make an analysis in the aspects of difference theory on gender diathesis, social gender theory and social human beings theory. Form the view of sociology, the scholars conclude the following types of gender discrimination in employment: direct and indirect discrimination, portrait and landscape orientation isolation. From the view of politics, our country is the society by masculine rule primarily. Women have low voice, whose gender right and interest has few chances to disappear. Chapter Two, Legislation Condition Research on Gender Discrimination in EmploymentA lot of developed countries have stipulated "Law of Gender Discrimination in Employment" in the process of developing their economy and nomocracy. This thesis takes Norway and the United States for example to makes an analysis. "Norwegian Gender Equality Act" is the chief part of gender equality safeguard system. This act proposes gender equality concept, pushes the steps, provide the regulation safeguard in every area of the life. Norway ensures the women's equal employment right by establishing supervisor organizer and system for gender equal. The United States stipulated "Equal Salary Act", "Civil Rights Act", "(Anti) Employment Age Discrimination Act", "(Anti) Pregnancy Discrimination Act", "Americans with Body and Mind Barrier Act" and "Glass Ceiling Act" to protect the women against gender discrimination in employment. The United States ensures gender equal in employment effectively by establishing Equal Employment Opportunity Commission. In addition, it has conflict between discrimination and basic human rights, and employment discrimination is prohibited by international society. The international society stipulated a series of treaties to be against gender discrimination in employment.Although our country has some principled regulations in "Constitutions", "Labor Law" and "Law on the Protection of the Rights and Interests of Women", many problems also need to be solved urgently.Chapter Three, Legislation System Establishment of Employment Gender Discrimination of Our CountryHow to improve and stipulate the law about of out country? Legislation mode is a core concern. The author considers that our country should stipulate "Law on Gender Discrimination in Employment" in the base of "Constitutions". It will be involve the future "Anti-discrimination Law on Employment" at the time of better situation. The author thinks that our country should stipulate "Law on Gender Discrimination in Employment" with the objective of protecting female equal employment right. Our country should establish "Anti-employment gender discrimination commission" which is a semi-official and semi-folk, independent, neutrality and fair organization in the area of employment and fund. It should apply the responsibility reversion principle on representing evidence to appealing. Seeking help from the commission should be the pretage procedure before filing lawsuit to the court. In the meanwhile, the commission should have the rights of searching, suggesting and lawsuit for litigant.In addition, the author suggests that our country should amend and improve "Constitutions", "Law on the Protection of the Rights and Interests of Women" and other related laws and regulations. It will be a harmonious society by the way of protecting gender equal employment right.