Probe Into The Legal Guarantee For Women's Labour Rights

This paper discusses the realization of woman right to work and the legal safeguard countermeasure in the process of guarantying woman rights, and this is also the breakthrough point of this paper. The right to work is one of human rights. The woman right to work is that the woman has the right to obtain job and the corresponding reward or the income right if she worked. And it includes that the woman and the male could enjoy all rights and opportunity (including work rights and interests) equally in the process of working or employing. And also including some different rights and interests (special rights and interests), because the woman has some physiologies and social characteristics. But because of all sorts of historical and the humanistic reason woman receives the discrimination in the society. The thought that women are inferiors still existed; the woman receives unfair treatment in the labor process. The status of women is the criterion which measures the development of a nation. Realizing the woman right to work can cause the woman independent in the economy, improve the economic status, like this can improve the status of women truly, and is helpful in developing the human rights of woman. The woman receives the discrimination in the process of employment, still including the high school record female. They also received the discrimination to be unable to get employed or to get employed difficultly because of the sex question. Women not only receives sex discriminates, also receives varying degree discriminations including promoting, promoted retirement as well as reward.The woman promotes, the being promoted opportunity in the identical unit to be less than the male although the similar qualifications' and records of service's staff. Moreover, in various units existing the phenomenon those leaders in the position have the obvious men and women imbalance. The male and female staff that does the similar work in the identical unit but has the different reward, the woman and the male does the same work, but repaid differently. These phenomena indicated that the woman right to work cannot realizes truly, is also that the woman human rights cannot realizes to a certain extent, and this does not favor for the human rights of woman.This paper advances the legal safeguard countermeasure of the woman right through analysis the current content of the rights and interests of women in our country, and under the judgment advantages. From the aspects of legalization, judgment and the relief system put forward the existing system's supplement and the revision opinion. Penetrate the social sex consciousness in the rights and interests protective legislation in the woman; enhance the woman right to work protective level in the law of our country. In view of the actual situation on the woman right to work to determine the legislation which domain should first pay attention, supple and refine related laws, clear and definite the concrete protective measures, enable it to have the feasibility, formulate "Counter-Employment Discrimination Law", clear and definite the determinative standard of discrimination behavior, and the concrete legal liability. The responsive forms of our country's current law are short, the responsive ownership is not explicit, and the punishment dynamics are insufficient. The followings could make the supplement to the existing legal regime: build the principle of report responsibility inversion, establish the safeguard relief system, integrate the equal employment to the personality power category, and permit to use the lawsuit method directly to realize the right relief, and amplify the current law rescue system.