A Comprehensive Study Of The Two Child Policy Of Female Workers Labor Rights Legal Protection

The implementation of the "overall two child" policy is based on adhering to the basic national policy of family planning in China.A response to the current situation of the population "aging" is in line with the basic national conditions of our country and is conducive to the sustainable development of the coordinated social and economic and the population and resource environment.Through the policy of "double two children" and "two child alone" policy,the phenomenon of low fertility rate in China has not improved.Therefore,it is of great practical significance to open up the two child policy in an all-round way.At the same time,at the same time,the implementation of the two-child policy is the first to affect the majority of female workers,the birth and support pressure of the two children,the contradiction between the family burden and the personal development,which have affected the labor rights and interests of the female workers.The comprehensive two child policy has brought many challenges to the protection of labor rights and interests of female workers in China.First,the implementation of a comprehensive two child policy poses challenges to the economic and employment rights of women workers.The implementation of the two child policy makes the enterprise in recruiting women workers to pay more cost.Female workers may involve two maternity leave and lactation leave.Employers will take these problems into consideration when recruiting.In order to pursue interests,the employers are more inclined to recruit male workers and reduce cost investment.The second,second child policy made the right of continuing education of female workers hindered.Because of the reasons for two children,the cost of raising children increased,the time was more,the job satisfaction was reduced,and the problem of continuing education was ignored.The third,second child policy under the policy of female workers is not reasonable.It has not changed and perfected because of the change of policy.It has increased the burden of enterprises.Fourth,the special labor protection of female workers is not enough,and the rights and interests of the "threeperiod" protection are frequently damaged,and the pregnancy is dismissal,and it is not common for the three period of time.The emergence of these problems has violated the labor rights and interests of female workers,and has affected the desire of female workers to have two children,thus hindering the implementation of the "two child policy".In the face of the above-mentioned problems after the implementation of the "comprehensive two child" policy,we try to analyze the reasons from the legal level.First of all,in the legislative aspect,although the state allows a couple to have two children,they lack the laws and regulations to match this policy,and the legislation still stays in the age of one child policy.Secondly,the judicial relief,the existing legal liability is not clear,start the difficulties of litigation and other problems;finally,in the labor supervision,there is a lack of government responsibilities,and the lack of special protection institutions.Through the discussion of the above reasons,the following suggestions are put forward in order to minimize the impact on the labor rights and interests of women workers after the implementation of the "comprehensive two child" policy.One is to formulate relevant supporting measures on the level of legislative construction,such as the system of raising the birth insurance system,in order to reduce the cost of the enterprise and improve the employment of the female workers,to adjust the birth holiday,to balance the reproductive responsibility of the men and women,and to build a reward policy for the enterprise and the support policy of the individual.The degree of encouragement of birth of two children,support two children.The two is that in judicial relief,whether it is the link of case or the link of proof,it is necessary to make the provisions in favor of the rights and interests of the infringed.For those women who have no proper way to remedy the rights and interests of the process,our country can learn foreign experience and try to realize the system of litigation of women’s rights and interests.The three is to clarify the functions of the government and its social organizations in the aspect of labor supervision,and propose the establishment of an institution that specifically protects the rights and interests of women workers.