An Analysis Of Female Employment Sex Discrimination In China

Nowadays,as each couples can procreate two children according Chinese population policy in 2016,the employment situation of women in China is becoming more and more serious.Although the equal employment rights of men and women has clearly stipulated in the laws and regulations of China,such as Labor Law,Employment Promotion Law,Law on the Protection of Women's Rights and Interests,and Special Regulations on the Labor Protection of Women Workers and other laws and regulations.However,due to the influence of traditional concepts such as "men work outside;women take care of the home inside",as well as the differences in the comprehensive ability and employment competitiveness between men and women,the phenomenon of gender discrimination in employment is still a common occurrence,of which bring adversely affect to the female employment.To tackle this problem,some questions should be answered urgently,such as how to define the concept of gender discrimination in employment,how to distribute the burden of proof of employers and workers,and what kind of legal responsibility employers should bear when constituting gender discrimination in employment,these problems have become common problems faced by all courts,and need to be solved in current judicial practice.In this paper,firstly,three typical cases of gender discrimination in employment are chosen,and then through case analysis method,combines the basic case and the court's trial results,the problems existing in the current cases of gender discrimination in employment are explored.And three controversial focuses are sorted out,namely,whether the behavior of postal companies constitutes gender discrimination in employment,whether the burden of proof is applicable in the cases of gender discrimination in employment,and whether the employing units that constitute gender discrimination in employment bear the liability for compensation for mental damage or not.Then,according to the actual situation and theoretical knowledge of the cases,the above controversial focus is analyzed one by one.It is concluded that the behaviors of the post company in recruitment notice has constituted a gender discrimination in employment,and the definition and exceptions of gender discrimination in employment are theoretically analyzed.As for the burden of proof,although the law does not explicitly stipulate that the inversion of the burdenof proof should be applied in cases of gender discrimination in employment,due to the insufficient proof ability of workers in such cases,in order to embody the principle of protecting the weak,this paper holds that the inversion of the burden of proof should be applied in cases of gender discrimination in employment.Regarding the way of employer's responsibility assuming when employing gender discrimination in employment is implemented,this paper holds that employers who constitute gender discrimination in employment should not only bear civil liability,but also administrative liability or criminal liability if the circumstances are serious.In the way of civil liability,it is analyzed from the two ways of liability for breach of contract and liability for tort.And this paper also comparative studied the experience of ensuring equal employment of women in foreign countries,and combining with the situation reflected in the case,this paper expansive analyses the shortcomings of women's labor security in China at present.Finally,the countermeasures of protecting women's equal employment right are put forward,which is from the aspects of perfecting the litigation mechanism of employment discrimination,establishing and perfecting the prevention and relief mechanism and implementing the relevant policies.