| The Human Rights Encyclopedia of China explains labor rights as the rights, enjoyed by citizens for obtaining chances of being employed, and which are for the laborers' living and existing, and which posit at the first place among all the basic rights enjoyed by laborers. Obtaining chances of being employed, is the main significance of labor rights, but it also includes the content that laborers won't be limited by restricted rules and will get fair payment.Labor rights, as a kind of human rights symbolizing the independent personality and containing the interest of laborers, were born during the Time of Capitalism when professional labor were socialized, popularized and being contracted. Labor rights, as the common understanding, are the basic rights delivered to laborers by law in labor relationship and other social relationships closely connected to the former relationship. Women's labor rights are the basic rights delivered to women laborers by law in labor relationship and other social relationships closely connected to the former relationship, including rights of equal employed and equal selecting job, rights of obtaining the payment of work, rights of having rest and taking vacations, rights of obtaining protection of security and hygiene in work, rights of receiving job training , rights of enjoying social security and welfare and so on. Among all the rights, rights of equal employed and equal selecting job, are the foundation and core content of women's labor rights, as well as the premise of other labor rights becoming reality. Rights of equal employed, mean that women enjoy the same rights as men in obtaining employment, which is one of the basic rights of citizen. Sex discrimination in employment deprives of the opportunity of the laborer to establish the labor relationship with the employer. Because of losing the opportunity, the labor would lose the possibilities of getting the work payment and social security and so on, and that means he was deprived of the opportunity of actually enjoying the labor rights.In International human rights system, rights of being employed and rights of work are elements of the 2nd of generation human rights, rights of economy, society and culture. The 1st generation of human rights, rights of citizen, emphasize the freedom free of being interfered by the state of the individual and the passive obligation not interfering taken by the state, while the 2nd generation of human rights lay special emphasis on the individual applying the state for protecting and helping the related rights, and demanding the state take positive protecting measures. Sex discrimination in employment, is a worldwide popular phenomenon, and among all the employment discrimination, it is the commonest category of discrimination and generally listed and forbidden in international conventions. Based on the aim of discussing how to realize women's labor rights, this dissertation plans starting from the perspective of law, through basing on introducing and analyzing the international convention and the legislation of forbidding sex discrimination in employment of certain countries, according to the condition of forbidding sex discrimination legislation of our country, and the national conditions, gives suggestion on how to perfect the legal system of forbidding sex discrimination in employment of our country, hoping can improving the protection of women's labor rights in our country.There are about 30,000 words in this dissertation, besides the introduction and conclusion, there are 4 sections.Section 1 makes a definition of the conception Sex Discrimination in Employment. This section, mainly based on introducing the definitions of sex discrimination in employment in international conventions and in the laws of other countries and districts of Taiwan and Hongkong, having referred to the definition of the learned of our country, and finally drew a comprehensive definition of sex discrimination in employment. Sex discrimination in employment means out of legal purpose and reason, based on gender to take any measures to differentiate, to exclude, to limit, or to give premium, which aims at or makes effect on depriving of the rights of equal employment from the laborer. Temporary special measures, which are taken in order to achieve the actual equality among labors, are not taken as sex discrimination in this definition. All of these measures should be suspended after achieving the aim of actual equality. We can draw the conclusion from above that, all the measures to differentiate, to exclude or to give premium, based on gender, depriving and impeding opportunity equal or equal treatment, are discriminations, and we have to differentiate all the measures and take this standard into consideration that there are reasonable and unreasonable sex discrimination in employment. Reasonable sex discrimination means to protect women's physic health and mental health, to preserve women's legal rights and interests, in the light of women's special physic and mental features, to lay down certain jobs or posts would not employ women employees. Jobs and posts such as working under mines or wells, forestry such as lumbering and exile working, working reaches the third degree of labor strength in the standard of Extent Classification of Physic Laboring, scaffold fabricating or dismantling in building trade, wiring in high place in electric power and telecommunications and so on. All these regulations are out of consideration of the special physic conditions of women, which are full of reality, and excluding women employees in these jobs and posts does not make up sex discrimination. Unreasonable sex discrimination comes out of the true reasons that the women could not afford the job because of her ability but takes into the considerations of its benefits of the employers themselves. In their opinion, the male can do a better job with high efficient and nearly no scruple than the female, especially in the countries that birth security system is not sound and sex discrimination on women are popular. As to sex discrimination in employment, we could not take all discriminations in one measures blindly, and we should treat the reasonable sex discrimination in employment with right attitude, should eliminate the unreasonable sex discrimination, to achieve social equality and social harmonious.Section 2 analyzes the legal regulating on sex discrimination in employment in foreign countries. The legal system of anti-sex-discrimination in employment of our country has already formed an integrated framework, but, because of the special historic times when it took its shape, the historic restriction in its content is inevitable. We can refer to the practice of other countries in this aspect, combining with the national conditions of our country, through adopting or abandoning or amending, in order to reach the aim of saving the cost of legislation and the aim of efficiency. This dissertation having taken the USA and Norway as samples is out of the following two considerations. First, the practice and theory in the legislation of anti-sex-discrimination in employment of the two countries is relatively mature. Second, the two countries have set examples to our country in the extent of maturity in labor market. The two countries insist on sex equality and personality freedom in the aspect of social conception, which resembles that of our country. That is to say, it is reasonable and positive choosing the two countries as samples. Through analyzing the law regulating of sex discrimination in employment in these countries, we can discover that all of them have legislated on anti-sex-discrimination, such as Anti-sex-discrimination Law, Equal Opportunity Law, to emphasize out of suffering discrimination of gender and age in employment, arrangement of work, upgrading, training and resigning of women. Equal Payment Law is legislated, that at the same time that the state makes the lowest payment standard and standard for working surpasses time, also makes the legal definition of "the same job", to protect the rights of the women laborers to get the same payment from the same job with men laborers. Social Welfare Law is legislated to protect women's the equal rights with men in aspects of social security, of women in aspects of giving birth and being ill, unemployment, and retirement. Protect Women's Rights and Interests Law and Health and Safety of Enterprise Law are legislated to protect women take jobs. Special institutions are set up to deal with problems of sex discrimination, such as U.S. Equal Employment Opportunity Commission in USA, and Supervision Institution of Affairs of Sex Quality in Norway.Section 3 analyzes the present situation and defects of legal regulating on sex discrimination in employment in our country. At the present time, China has no specialized legislation of Anti-sex-discrimination in Employment Law or Sex-discrimination in Employment Prohibition Law, except some rules related to equal employment and prohibition discrimination on women in employment in certain related law. That is to say, our country have laid down some laws and regulations on prohibiting discrimination on women in employment, which formed the elementary legal system of protecting women's equal rights of employment based on the Constitutional Law and including laws, administrative regulations, departmental rules, local rules and governmental rules. It is a pity that the legislation in effect related to anti-sex-discrimination has a great number of defects, such as there is no legal definition of sex discrimination in employment, which leads to no united and clear standard and hard to judge which action makes up to sex discrimination in employment. The legal responsibility of sex discrimination in employment is not definite, as a result, the organizations and individuals which take measures of sex discrimination pay low cost for their action, and it is fostering the phenomenon of sex discrimination in employment objectively. Thirdly, there are short of correspondent relief measures, under such situation, laborers discriminated on are hard to bring up a lawsuit to demand their rights, though they have already realized they had suffered sex discrimination in employment. Finally, there is lack of special institution for anti-sex-discrimination. Consequently, we have to draw on the successful experiences of economic developed countries, such as U.S.A. and Norway, and, aiming at the national conditions and situations of our country, perfect related laws to regulate sex discrimination in employment.Section 4 gives suggestions on the legal regulating on sex discrimination in employment of our country. Because there are a lot of defects in the legislation taking effect related on anti-sex-discrimination, the following aspects should be promoted with necessary. First, make a clear definition of sex discrimination in employment and list the related action of discrimination. The definition of sex discrimination in employment can be expressed as following. Sex discrimination in employment is the measures to differentiate, to exclude, to limit or to give premium, based on gender, which aims at or makes effect on depriving and impeding the equal rights of laborers. Temporary special measures taken in order to achieve actual equality among laborers do not make up sex discrimination under this definition. Sex discrimination include direct and indirect sex discrimination. Related discrimination act can be expressed as following. (1) forbidden of discrimination in employment and admission, (2) forbidden of payment discrimination, (3) forbidden of discrimination in pregnant, (4) forbidden of discrimination in promotion, (5) forbidden of harassment at work. Secondly, make a clear legal responsibility of employers who take sex discrimination. To forbid acts of sex discrimination, the specific legal responsibility should be introduced for security. Legal responsibility of employers of discriminating on female laborers should be clear, in order to eliminate acts of sex discrimination in employment effectively. The legislation in effect of our country has few forms of responsibilities with week power of punishment, so it is advised to diversify the forms of responsibilities and to strengthen the power of punishment. Third, to construct the relief litigation system of sex discrimination in employment is suggested. Extending the scope of accepting the civil and administrative litigation and put the disputes of sex discrimination into the scope of civil and administrative disputes can be taken into consideration, to realize the relieving of victims. Finally, we have to construct the special institution to deal with sex discrimination in employment. Nowadays, there is no special institution to deal with the problems of sex discrimination in employment, and most cases of discrimination are not in the scope of cases that the courts can accept and the laborer who suffers discrimination has no way to rise a litigation. We can refer to other countries and districts, such as U.S and Hongkong, which have already set up the Equal Employment Opportunity Commission and build up various systems of enforcing the law.
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