Research On The Constitutional Protection Of Women's Equal Right To Employment

Our society is experiencing a comprehensive and profound social transformation,which involves culture,value,system,organization,resource allocation,industrial structure and occupational differentiation and other aspects of society.In this transition from tradition to modern society,people are increasingly aware of the existence of law and rights.Law is the power of social control,should ensure the healthy operation of society and harmonious development,its value lies in the social fairness and justice.However,in the field of employment equality,there are some phenomena of employment inequality in the real world,especially the problem of equal rights for the employment of men and women need to be adjusted and perfected.In 2016,the state fully liberalized the two-child policy,each couple can have two children,but in real life and did not achieve the desired effect,many women who can have two births to take into account the pressure on employment will give up.From the employer's point of view of the problem,the employer certainly want to pay the least amount of labor,get the maximum benefit.Employers want to recruit workers to provide normal labor to meet their development and business needs,reduce unnecessary support.The employer wants to get the most out of it at the least cost.But the majority of female fertility will be related to maternity leave and lactation and a series of problems,making the employer in the recruitment of heavy concerns,it is likely to meet the fertility of the second part of the qualification of women excluded,which makes the pressure of women more severe.With the development of human rights,the legal system of equal rights of women in China is also progressing and improving.At the same time,after studying the relevant legislation abroad,combining with China's national conditions,we have achieved certain results.One of the major achievements is the introduction of the Employment Promotion Act,which provides for fair employment.However,there are still shortcomings in the provisions of the Employment Promotion Act,such as the definition of the concept of gender discrimination in employment,the form of relief after the infringement and the basis of the basis of the law is still no clear provisions.At present,the theoretical community on the meaning of gender discrimination has not yet reached a unified understanding.It is difficult to obtain the corresponding legal protection on the grounds of discrimination in employment.It is difficult to define the connotation of "employment discrimination" from the legal point of view.Theory,different scholars have different understanding of gender discrimination in employment,some scholars believe that sex discrimination refers to women in employment because of the employer or bright or dark means of discrimination can not get equal employment opportunities and equal treatment with men,there are Scholars believe that the so-called employment sex discrimination is due to different measures to treat different gender job seekers so that their interests suffer losses,but the employer did not benefit from the differential treatment.On the whole point of view,the main controversy over these two views is how to distinguish between the definition of reasonable differences and irrational differences in these two issues.China's scholars through the study and analysis of foreign employment discrimination on the basis of sex legislation,women's equality in the relief of employment on the issue of a number of feasible measures,such as improving the provisions and spirit of the Constitution for the implementation of the lower law to provide recommendations;The right to equality of rights,such as the "Women's Rights Protection Law","Criminal Law" and other relevant provisions of the right to equality of employment,serious violations of women's employment equal rights can be identified as criminal acts,criminal responsibility;improve the relevant judicial system,And criminal litigation to solve the problem of employment inequality;to strengthen the supervision and management of the job market;the establishment of specialized anti-sex employment discrimination institutions.However,the current suggestions on employment discrimination are lack of sufficient theoretical analysis,and the theoretical research on strengthening the equality of women's employment is of great value and significance.