Research On Labor Laws And Regulations On Gender Discrimination

Along with the progress of the rule of law in the country,the issue of human rights is attracting more and more attention and attention in social practice.Promoting and ensuring the equal employment rights of women is an important part of achieving equality of human rights.In the special period of China's economic development,the employment situation in the whole society is grim.The problem of gender discrimination encountered by women workers in the labor process is becoming a practical obstacle to realize the equal employment rights of women.This not only violates the legal provisions of equal employment opportunities in labor law and women's rights and interests protection law,but also is not conducive to the construction of harmonious society in China,which has serious social harm.Therefore,the establishment,improvement and guarantee of the labor rights and interests guarantee system of female workers has far-reaching significance for promoting the rights and interests of women's employment.Judging from the current legislation,there is no clear employment discrimination law in China,which only makes some principled rules not operational.From a theoretical point of view,although the discussion of gender discrimination by scholars is more abundant,it is not a system,and the identification of sex discrimination is also controversial.In the practice of judicature,there are often sex discrimination and infringement of the rights and interests of women workers in real life.However,in view of the above circumstances,our current laws urgently need to increase the anti sex discrimination in order to adapt to the increasingly complex legal relationship,and provide systematic legal provisions for judicial practice.Based on the provisions of sex discrimination system,based on combing the content of sex discrimination,this paper analyzes the judicial practice and theoretical problems of the absence of the anti sex discrimination system in China.Using the comparative analysis method and combining with the legislative provisions of the foreign sex discrimination system,it provides a reference for the further formulation of anti employment discrimination laws in China.In practice,legal protection is provided for the solution of the problem of anti sex discrimination.Through theoretical analysis of gender discrimination in labor law regulation,we clarify the criteria of direct discrimination and indirect discrimination,and we have a clear definition in legislation mode.On the basis of analyzing and comparing the legislative provisions of the anti sex discrimination in other countries,we should study the relevant punitive measures,and propose relevant solutions according to the current legislation in China,so as to improve the operability of legislation and solve the problem of gender discrimination.