Research On Legal Problems Of Female Employment Discrimination Under The Universal Two-child Policy

How to eliminate the employment discrimination based on gender is a problem that cannot be avoided and needs to be solved urgently when protecting female staff rights and interests to building a harmonious labor relationship.The universal two-child policy helps to delaying the pace of population aging trend effectively and keeping the demographic dividend.But at the same time,the policy has exacerbated the problem of female employment discrimination.There are many problems to dealing with female employment discrimination,such as: overly protective legislation,many principled regulations,the responsibilities of labor supervision are not clear,lack of professional law enforcement,the judicial remedies take a long time and is expensive,the procedure of judicial remedy is unreasonable,the division of labor in society exists prejudice.This paper analyzed the characteristics and reasons of female employment discrimination under the universal two-child policy.Through studying abroad experience and combined with the actual conditions in china.Then the author provides concrete suggestions from the following aspects: labor legislation,labor inspection,judicial relief,family welfare policy,public child-care service.In the chapter1,it first introduces the basic theory.By comparing the UN CEDAW(Convention on the Elimination of All Forms of Discrimination against Women)and the British Sex Discrimination Act on discrimination against women in employment,We can conclude that the concept of female employment discrimination is that “Any distinction,exclusion,restriction,restriction or remedy imposed on the part of the female worker based on the gender of the employer without any justification reasons,and the male given the same treatment to female workers in employment and occupation on the opportunity and treatment to suffer substantial inequality.” And point out that Female employment discrimination is mainly included in the following aspects: employment opportunity,salary,occupation category,promotion,retirement age.At present,the discrimination of women in employment is still severe.Then it introduces the impact of the Universal two-child policy on female employment discrimination.This policy deepens the female employment discrimination,especially pregnancy discrimination,and expands the scope of employment discrimination against women.In the chapter 2,it analyzes the legal problems existing in China’s female employment discrimination under the universal two-child policy.In the legislation,it exists following problems:overly protective legislation,lack of unified legislation,more principled regulations,weak operational.In labor supervision,there are some problems,such as law enforcement of labor inspection is inadequate,lack of authority and so on.In the judicial relief,it exists following problems: the neutrality of the subject of mediation is insufficient,professional qualify is poor,the administrative trend of labor arbitration,the court is the principal part to solve a labor dispute case,employment discrimination is not an independent cause of action,Unreasonable distribution of burden of proof.In addition,in the family policy,there are some problems,family welfare policy is not sufficient,female workers have a heavy family responsibility.Chapter 3 expounds the experiences of opposition to female employment discrimination in Germany,Britain and Taiwan in China.In Germany,excessive protection of female workers was lifted.In addition to the mother’s allowance,it also provided for children’s allowance and parental allowance.In addition to maternity leave,maternity leave system was stipulated separately.At the same time,the German government made great efforts to develop public childcare facilities to reduce the conflict between workers and families.The British has enacted“the Sex Discrimination Act,”established paternity leave,parental leave system,the establishment of Equality and Human Rights Commission as a unified anti-discrimination agency,in litigation,establishment of a system of inversion of burden of proof in labor-dispute cases of sex discrimination in employment.Taiwan has stipulated the system of paternity leave,maternity leave and family care leave.It has set up Employment Discrimination Committee and Gender Equality Committee as specialized anti-employment gender discrimination agency.Chapter 4 focuses on specific suggestions,through drawing the advanced experience of foreign countries and combined with the background of the current universal two-child policy.In terms of legislation,we should formulate a unified anti employment discrimination act,clarify the concept and constitutive requirements of employment discrimination,and highlight the related content of female employment discrimination.In the labor supervision,it is necessary to clear the scope of labor supervision,establish a scientific supervision system andstrengthen supervision.In the aspect of judicial remedy,a remedy mode should be set up to separate the adjudication from trial,employment discrimination needs to be an independent cause of action,the rules for the inversion of the burden of proof in labor litigation and the system of the public interest litigation against employment discrimination should be set up,and employees who are discriminated against may claim compensation for mental damage in labor dispute cases.In terms of family welfare policy,should extend maternity leave,increase paternity leave and parental leave,change the mode of payment of maternity insurance and the mode of giving treatment,raise the standard of payment of maternity benefits,and establish a flexible working system.In childcare facilities,the government should make great efforts to develop public nurseries especially for young children and strengthen supervision over private kindergartens and nurseries.