Study On The Special Labor Protection Of Female Employees

Starting from the special labor protection of female employees as a theoretical basis, this paper mainly states that it is the fundamental way to actualize real equality between male and female by law that provides special care and protection measures to female employees. Though the legal system of the special labor protection of female employees has been established since 1950's in China, problems like inappropriate protection scope, incompetent enforcement of established protection criteria are very prominent. After a systematic analysis of six causes related to social and legal factors, this paper proposes nine solutions in detail, among which suggestions like the criteria of special labor protection of female employees should be reasonably constituted according to real situation and the legislation on the special labor protection of female employees should be specified learning from useful experience of foreign countries are two.This paper consists of three chapters, an introduction and a conclusion. The main body is as follows:Chapter 1 elaborates the theoretical basis for the special labor protection of female employees, including basis from Labor Law, social responsibility and biology. Equality does not exclude special treatment. The special labor protection of female employees is a new equality pattern based on biological and social differences between male and female. Transcending formal equality, this new pattern will establish laws and regulations on the special labor protection of female employees so as to achieve equality as an end. Its goal is to compensate females for the lost equality due to their unfavorable status.Chapter 2 analyzes two prominent problems during the enforcement of the special labor protection of female employees in China, inappropriate protection scope, and incompetent enforcement of established protection criteria. Further courses to these problems are explored from multiple perspectives including social factor, legal factor, government, enterprise, female employees and non-governmental organizations like labor union, and women union.Chapter 3 proposes solutions to current problems during the enforcement of special labor protection of female employees. We should learn from useful experience of foreign countries. Besides, we should integrate all available strength of the whole society to engage in the project of special labor protection of female employees, for which some of the significant elements are the government's function to enforce special labor protection of female employees, the combination of employees'effort, the formation of society's supervising system, the promotion of females'awareness of their own rights.