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Study On Improving China's Laws Of Anti-sexism In Employment

Posted on:2010-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y F JiaFull Text:PDF
GTID:2166360275982383Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the increasing sex discrimination in employment has a severe impact on the rights of women to achieve equal employment, which become a major impediment to realize the goal of gender equality, making women subject to plenty of unfair treatment in job opportunities, job treatment and advancement opportunities. Moreover, as the result of lack of the China's anti-sex discrimination legislation in employment and experience in legal practice, the legal regulation and restraint on the sex discrimination has not been implemented effectively. Therefore, the urgency on the practice aspect and the legal aspect require the perfection of the China's anti-sex discrimination legislation in employment. We can first add the anti-employment provisions of sex discrimination in the Constitution by learning from the legislative experience of the Netherlands, and when the time is ripe, develop "anti-sex discrimination in employment law" clearly defining the definition of sex discrimination in employment, judge rules, the allocation of the burden of proof and legal responsibilities as well as specific proceedings, but also improve and expand the relief channels for the sex discrimination in the employment, speed up the perfection of the security system for the female fertility, the system of equal pay for equal work and retirement at the same age for men and women. Secondly, we have to establish an effective legal enforcement mechanism based on the legislative system. For the Government, gender discrimination in civil service recruitment should be resolutely put an end. The government should actively enforce the law, take appropriate privilege measures for women as well as increase the restraint of enterprises, etc. For enterprises, they should comply with the law and actively bear the social responsibility. For women, it is necessary for them to enhance the legal awareness of anti-sex discrimination in employment, actively safeguard their legitimate rights and improve the quality of employment to respond to the demand for social development. Finally, we must establish a strong supervision system, pay great attention to the media monitoring and strengthen the supervision of social groups, as well as the internal supervisory of the trade union organizations of enterprises, etc. In short, the combination of perfect legislative system, legal enforcement mechanism and effective supervision system has a significant role to promote and facilitate the acts on employment law regulations and the right of women to achieve equality in employment.
Keywords/Search Tags:Equal employment right, Sex discrimination in employment, Essential equality, Corporate social responsibility
PDF Full Text Request
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