The Study On Legal Protection Of Chinese Women's Equal Rights In Employment Under The Two-child Policy

Women's equal rights of employment on the background of Two-child policy is not only related to female's basic human rights,but also the key to promoting the policy successfully,whose essence is eliminating sex discrimination in employment.However,cases of sex discrimination in employment market of China happen frequently,which are expressed as different treatment in employment and limitation in career promotion,etc.With the implementation of Two-child policy,situation of sex discrimination in employment will be much harsher,while it affects the policy's implemention effect.The reasons result in sex discrimination in employment is complicated,which can be divided in three types,including economic factors,society and tradition factors and legal factors.In the view of economy,employing women is more expensive and women are affected by physiological reasons,which will reduce labor productivity.For society and tradition,Chinese traditional social gender awareness solidifies women's social role,which affects women's fair employment.For legal factors,lag of legislation after Two-child policy,rough current laws and lacking competent authority all take great difficulties to achieving Women's equal rights of employment.So,combining with the actual situation in China,the legal protection of Women's equal rights of employment should be completed through learning from successful experience of foreign legislation in the following three parts.Firstly,insist the legislation principle of legal protection of Women's equal rights of employment,apportionment of personal family responsibility and birth cost,and promoting company's social responsibility,which guarantee the legislation keeping unity and scientific.Secondly,Establish the competent authority of legal protection of Women's equal rights of employment,and clarify its responsibilities.Lastly,establish the rescuing system of Women's equal rights of employment in the prospect of pre-prevention and afterwards relief,including clarifying judgment criteria,relief methods,proof principle and compensation method.