Chinese Women, The Only Way For The Protection Of Employment Rights

The condition of women's employment reflects in some degree the condition of the social development and realization of human rights. Since the establishment of the People's Republic of China, a lot of legislations have been made to ensure the opportunity of women's employment in China. But after studying the employment law of Chinese and other countries, in history and nowadays, we find that the sex discrimination in workplace is still not properly solved. In the past, women's rights of employment was protected formally, which gravely impaired the economy and women's health. Nowadays, adapting the development of economy, a legislative focus on accommodating the reproductive roles of women in the workplace benefits women, which is called as essentialism by the author. But at the same time, it also hinders the opportunity of women's employment because of the employers' demur. The author of this thesis will put forward her opinion on how these inconsequences could be, and try to seek a way in legislation to deal with this problem.At the beginning of this thesis, the author cites two cases to open out the actual problem and bring the topic of this thesis: we should not neglect the existence of sex discrimination in workplace. And then, the thirty-four-thousand word thesis will be divided into three sections to make clear the problem.Section 1: This section mainly describes the different legislations of women employment in planned economy and market economy which are respectively called Pharisaism and Essentialism, and the infection on women of the two kinds of legislations. After analyzingthe reason of inconsequence between the original intention of the legislation and the actuality in the two different periods, a question is put forward: The principal reason of sex discrimination in work place is the inconsequence between economic efficiency and equity.But how can the legislation really properly assign women's social burden?Section 2: In this section, the employment legislation about women in Europe countries and some South American countries will be introduced to reveal the phenomenon similar to China. The causality between the imcomplete legislation and the phenomenon is obviously revealed to us. Then a particular focus will be put on the development of women's employment legislation in the 20'century in the United States. Some western savants opined the employment discrimination as a result of the patriarchate and thought the way to extinct sex discrimination in workplace is to overset the patriarchate. But the author of this thesis thinks their opinion can only explain one side of the problem. After analyzing the obstacles the United States faced, we see a lesson can be given to China.Section 3: This section mainly tries to look for a feasible way to eliminate the sex discrimination in workplace. First of all, the author criticizes the theory of western feminists which blames workplace discrimination to the women's traditional role as baby-sitter. Then the author comes back to Chinese employment legislation about women, points out it's defects in essence and procedure, and indicates that the key factor lies in lack of a social protection net to properly deal with women's social duty. The feasible measure is to perfect the social bearing insurance system, at the same time include as much as possible women's particular physiological protection. If the legislation can deal with the problem well, the employer will not hesitate to use women as labour, then the discrimination can be eliminated.