Research On The Legal Issue Of Discrimination Against Women In Employment In China

In the 2019 government work report,in terms of the protection of women's equal right to employment,China emphasizes to resolutely prevent and correct gender discrimination in employment.The report of the 19 th National Congress also pointed out that China should adhere to the basic national policy of equality between men and women to ensure the implementation of women's and children's rights and interests.In2019,the Ministry of human resources and social security and other nine departments jointly issued the notice on Further Regulating recruitment and promoting women's employment,which introduced corresponding regulations on the issue that women are discriminated in employment when they are applying for jobs.Its purpose is also to maintain women's equal right to employment,which shows that China attaches great importance to women's equal employment.However,at present,the employment situation of female workers in China is not good.According to the report of the CPPCC news,for many years,the problem of female employment discrimination and limited career development is widespread,and in recent years,the implementation of the comprehensive two-child policy aggravates this problem.In terms of employment and promotion,according to the 2017 survey report on the current situation of women's career in China,more than 80% of women believe that there is gender discrimination in employment and promotion.In terms of salary,according to the report on the current situation of women's workplace in 2020,the average overall salary of women in the workplace is 17% lower than that of men,and the salary gap is one of the most intuitive manifestations of gender discrimination in employment.In addition,according to the2018 global gender gap report released by the world economic forum,China ranks only103 rd out of 144 countries,which shows that the problem of discrimination in employment of women in China is serious and needs to be solved.Based on the above problems,this paper takes the theory of fairness and justice and the theory of gender equality as the research cornerstone,and uses case analysis,literature analysis and comparative analysis to study the current situation of women's employment and the existing problems of employment discrimination.It is found that there are some problems in China's legal system of anti discrimination against women inemployment,such as the legislative principle is too strong,the enforceability is not enough,the legal standards are not clear,the identification of discrimination in employment is difficult,the provisions of the burden of proof are unreasonable,women workers are difficult to safeguard their rights,the provisions of legal responsibilities are not perfect,the cost of enterprises breaking the law is low,the establishment of relief agencies is not perfect,women workers are not perfect It is difficult to obtain effective relief.The existence of these problems makes it difficult to eliminate the employment discrimination of women.In view of the above problems,this paper analyzes and summarizes the advanced experience of reducing female employment discrimination in the United Kingdom and the United States,in order to provide reference for improving the phenomenon of female employment discrimination in China,and puts forward relevant legal suggestions under the guidance of relevant departments in the report of the 19 th national Congress of the Communist Party of China on employment policies and deepening institutional reform,hoping to improve the current situation of female employment discrimination in China Image provides certain theoretical reference significance and reference value.First of all,the anti employment discrimination law should be formulated to clarify the scope of adjustment,the definition of female employment discrimination,the category of female employment discrimination,the legal recognition standard of female employment discrimination,and the legal responsibility of the discriminators for the implementation of female employment discrimination,so as to make the violation of female equal employment rights easier to be recognized,and at the same time make the illegal cost of the violation of female equal employment rights more expensive High,let women's equal employment rights get more perfect legal protection.Secondly,an equal employment agency should be set up in the labor dispute arbitration agency,which is specially responsible for solving the problem of employment discrimination,so as to improve the organizational guarantee of employment discrimination.Finally,improve the judicial relief mechanism,the specific content is: cancel the pre arbitration clause,apply the rules of labor dispute cases,establish the public interest litigation system against discrimination against women inemployment.The victims of employment discrimination should be given stronger judicial support.Through the above legislative suggestions,we can improve the status quo of female employment discrimination and implement the basic national policy of gender equality in China.