Research On Legal System Of Women's Equal Employment

Women's equal employment is a social problem of universal concern, and equal employment rights of women is highly regarded by academics. This paper is based on the theory of equal employment rights, reveals the inherent relationship on the spirit of equality and women's employment, cards the status of women's employment, reflects current legal system in China which is the most important means of achieving equal employment, and comes to a conclusion, realization of women's equal employment needs eliminating the concept of bias and the system's ills. The author believes that we need construct legislation modes of gender equality in employment field, which includes entities and procedures. The pattern is the only way to achieve women's equal employment.Article consists of four parts.The first part introduces the basic theory of equal employment rights, and defines the concept of equal employment rights, women's equal right in employment is that women enjoy formal equality of employment rights which based on equal status, equal opportunities, equal rights and equal rules. At the same time, women enjoy essential equality of employment rights, which comes true by prohibiting sex discrimination in employment, employment protection of special groups, job training, social security and so on. Therefore, women's equal right of employment unifies formal equality of employment rights and essential equality of employment rights. Equal employment rights is the premise of realization of human right to exist, protection of women's equal employment rights is conducive to achieving all-round development of women and social progress.The second part examines the status of women's employment in China, and analyzes the causes of gender inequality. In the field of employment, there is serious gender discrimination, mainly as follows, female employment difficulties, occupational sex segregation, different retirement ages for men and women, etc. In that, traditional gender and cultural discrimination against women, the characteristics of the female is summarized as emotional, gentle, dependent, and lack of abstract thinking ability, which leads to male superiority, men stronger than women and so on. The concept of gender discrimination thousands of years has been deeply rooted in the traditional cultural values in China, and is gradually strengthened as a social consciousness. In addition, legal system of women's equal employment in China is imperfect, maternity insurance system in China lags behind, mechanism of female expression of interest is weak, and these set back the realization of women's equal employment. Therefore, realization of women's equal employment needs eliminating both the idea of bias and the system's ills.The third part outlines the legal system of women's equal employment and defects in China. At present, legal system of women's equal employment has formed already, which is based on "constitution" and includes "Protection of Women", "Marriage Law", "Inheritance Law", "Labor Law", "Female Employee Protection Regulations", and other laws, administrative regulations, local regulations. In practice, labor and employment disputes are handled by the labor administrative department, the National Women's Federation, the courts, arbitration bodies and other related departments.The forth part improve the legal system of women's equal employment in China. Details are as follows, improve the legislative content, improve law enforcement mechanisms, and improve related auxiliary system. First of all, we should legislate "Gender Equality Employment Law" which contains the following content. First, legislative bodies incorporate the concept of gender equality to legislation. We should change the traditional concept of sex discrimination and form the advanced gender concept which aimed for human-centered, gender-round and harmonious development. Second, we should clear the definition and criterion of sex discrimination about employment. Sex discrimination of employment is that the male and female employees are treated differently in employment, training, promotion, remuneration and dismissal, and which is based on gender rather than factors associated with job. Criterion of sex discrimination about employment should adopt the principle of relevance. Third, legislators should stipulate specific relief measures. China should learn from the provisions of the United States, broaden the types of relief. Fourth, we should improve the procedural legislation. Secondly, legislators should improve law enforcement mechanisms. Our country should establish a specialized agency of law enforcement and strengthen law enforcement of labor supervision. Again, our country should improve related auxiliary system. That is, we need improve the maternity insurance system, retirement age system, the mechanism of female expression of interest. On the whole, maternity insurance system in China is still in the initial stage, there are a number of deficiencies, for example, financing of maternity insurance funds has low coverage, payment standards of overall project is not unified, the scope of beneficiaries is narrow and so on. Improvement of the maternity insurance system contributes to fair competition for women and men in employment field. As society progress, improvement of women educational level and our country carrying out the policy of family planning, the existing age system about retirement unsuited social development. Therefore, China should enforce a kind of flexible retirement age system. Women's political participation is the premise of achieving the democratization of political decision-making, and within the framework of the existing system in China, political participation of women is weak, in a way, which hampered the realization of women's equal right to employment. For this, China should continue to broaden the channels for the expression of interest, remove obstacles of interest expression, and enable women to fully express their interest demands. In addition, women should constantly improve their education level and employment level. The realization of women's equal right to employment is a long process which requires the joint efforts of all sectors of society.