Research On Female Workers' Labor Rights And Interests Protection Under The Comprehensive Two-Child Policy

As a country with a large population,China's population has always played a very important role in the development strategy.China has previously controlled the effective population growth through the basic national policy of family planning.However,with the development of society,the aging of the population has accelerated,and the labor force has gradually decreased.The party and the state have established the comprehensive two-child policy based on China's current national conditions,which has outstanding realistic and historical significance.The policy can meet the individual's desire for childbearing,can alleviate the pressure of population aging on the society to a certain extent,and is conducive to the sustainable development of socioeconomic and population resources.But at the same time,the implementation of the comprehensive two-child policy will also bring a series of problems,especially the serious challenges to the labor rights and interests of female workers.As a result,it is difficult to protect fertility rights and effectively implement the new fertility policy.Therefore,how to do a good job of protecting female workers' labor rights and interests against this background has important research significance.This thesis takes China's new fertility policy adjustment as an opportunity to study the labor rights and interests protection of female workers under the comprehensive two-child policy.The specific content of this thesis is as follows:The introduction first paves the way for the problem to be raised and draws the urgency of protecting female workers' labor rights and interests under the comprehensive two-child policy through the perspective of a case.Then it summarizes the current research status at home and abroad,introduces the research ideas and methods,and finally explains that the innovation of this thesis is to diversify the protection of female workers' labor rights from the employment field to the fertility field,and the shortcoming is that the impact of the comprehensive two-child policy on female workers mostly refers to the existing survey results in society rather than empirical analysis.Then the thesis starts with the concept of female workers' labor rights and interests protection,clarifies the basic concepts of female workers and labor rights and interests,and explains the types of female workers' labor rights and interests protection.At the same time,the theoretical basis of the protection of female workers' labor rights and interests was also demonstrated,explaining the necessity of the protection of female workers' labor rights and interests,including gender theory,Tilt protection theory,special labor protection theory,and social responsibility-based theory.The following introduces the current situation of the protection of female workers' labor rights and interests under the comprehensive two-child policy.On the one hand,it is the current situation of legislation.It shows the relevant laws and regulations and specific content of the current protection of female workers' labor rights and interests in China.The related laws and regulations lag behind due to policy changes.On the other hand,it is the current social situation of female workers' labor rights and interests protection under this fertility policy,which includes the implementation situation of the comprehensive two-child policy.Although the number of births has increased,it has been hindered.Then the current situation of female workers in the workplace under the new fertility policy,female workers have encountered employment discrimination,blocked professional development,inadequate "three-period" protection,and inadequate maternity benefits for female workers.In addition,when the labor rights and interests of female workers have been violated,it has been difficult for these female workers to defend their rights.Then it analyzes these difficulties that arise in these situations,among which the reasons that lead to these difficulties include inadequate legal legislation,inadequate labor inspection,insufficient rights relief,lack of public service policies,the influence of traditional gender culture and the employer's weak sense of social responsibility.Next,it expounds the labor security related systems of female workers in Britain,Germany,Sweden and Japan,and selects from the more complete legal systems in these countries such as anti-employment gender discrimination legislation,maternity protection,parental leave,paternity leave,government support policies to adapt to China's actual situation for reference.First of all,to ensure the equal employment rights of female workers by strengthening the regulation of anti-employment gender discrimination laws.Second,to improve the maternity security system to address theimpact of female workers' childbirth on work.Finally,to develop public childcare services to provide strong childcare protection for female workers.Last but not least,it puts forward suggestions for improving the protection of female workers' labor rights and interests under the current fertility policy based on the actual situation in China and learning from foreign experiences,which are specific from the aspects of clearing anti-employment gender discrimination legislation,improving the maternity protection system,expanding relief channels and improving social security.First,clearly formulating the relevant content of the anti-employment gender discrimination law requires updating legislative concepts,defining the definition of gender discrimination in employment,and stipulating legal responsibilities for violations of the law.Second,improving the maternity insurance system for female workers includes improving female employees' maternity insurance system,extending maternity leave for female workers,increasing paternity leave for men,and establishing parental leave for both parents.Third,from the relief approach for female employees,it is recommended to implement the labor inspection system,improve the judicial relief mechanism for female workers' labor rights,and improve allocation of relevant burdens of proof.Fourth,improving related social security can be promoted from strengthening public service policy guarantees,implementing relevant government support policies,and promoting employers' social responsibility construction.