Research On Equal Protection Of Women's Employment Rights Under The "two-child Policy"

Equal employment right means that the state can ensure that all people who have the ability and desire to work can enjoy equal employment opportunities,employment treatment,employment security,employment services and other rights in the process of engaging in labour through legislation,law enforcement,judicial and other means.And at the same time,various measures should be taken to prohibit employment discrimination and provide special employment protection to special groups,so as to achieve the unity of formal equality and substantive equality in employment.Equal employment rights of women are equal treatment of men and women in employment from a gender perspective.It requires employers not to refuse to employ women or raise the standards of employment of female workers on the grounds of sex except in industries that are not legally suitable for women on the basis of physiological differences and opposes all unreasonable discriminatory treatment.Based on the China's current national conditions,the state has opened up a "comprehensive two-child" policy,which is aimed at increasing the fertility rate of the population,alleviating the aging of the population and promoting the economic development of the society.After the policy put into effect,however,the fertility rate of the society has failed to increase and the employment difficulties of women has been aggravated due to the imperfection of the law and the lack of supporting policies.Women may be discriminated by employers because of the possibility of having two births,and many enterprises have added many unequal demands of implicit discrimination to women's employment.In order to avoid the cost of female fertility,some enterprises do not pay or underpay maternity insurance so that women can not get help from society after giving birth.Besides,leaving their jobs temporarily due to childbirth also has a certain impact on career promotion of female.These problems have become obstacles to equal employment for women.In addition to subjective discrimination and objective physiological differences caused by these phenomena,the employer's consideration based on economic factors is another major cause of these phenomena.Furthermore,the imperfection of the law also brings obstacles to the equal employment of women,mainly as follows: the tilt protection of legislative ideas objectively puts women in an unequal position;the legal provisions are too principled,making the identification of employment discrimination difficult;The lackof a special supervisory body to provide strong supervision of discrimination in employment;and,in the event of violations,The occlusion of the way of litigation allows victims to sue without a door,and the law does not explicitly infringe on the legal responsibility of the infringer;the imperfection of the maternity security system also makes the road of equal employment for women more difficult.The essence of protecting women's equal employment under the "two-child policy" is to eliminate the unreasonable employment discrimination against women as far as possible,balance the conflict between women's reproductive rights and employment rights,and reasonably regulate the employment autonomy of enterprises.Given that the "two-child policy" will persist for a longer time,which determines to increase the protection of two-child women to achieve equality in employment.From the point of view of increasing the willingness to give birth,reducing the burden of female's familial responsibility and ensuring equal employment for men and women,it is necessary for China to speed up the enactment of the Anti-employment Discrimination Law,clarify the relevant concepts of employment discrimination,stipulate the positive obligations of enterprises in combating gender discrimination in employment,establish the distribution principle of reversion of burden of proof,provide for legal liability for the Commission of Discrimination in employment.At the same time,we should broaden the relief channels for women's equal employment,implement the labor inspection system,set up a special employment discrimination supervision body,construct a Labor public interest litigation system,reduce the cost of women's litigation rights protection,and remove obstacles to women's rights.It's necessary o reshape the current maternity leave system,to encourage female fertility by extending maternity leave,to increase paternity and parental leave,to balance the childcare responsibilities of men and women,to eliminate corporate prejudice against women,and to combine fertility and medical insurance to provide a strong backing for women to encourage women to have children and promote equal employment for women.In addition,by granting tax incentives and financial subsidies to enterprises employing two-child women,the economic costs of employing two-child women in enterprises can be reduced and shared by the community,so as to make it a common responsibility of society to encourage fertility and maintain equal employment for women.There is a need to reshape the current maternity leave system,to encourage female fertility by extending maternity leave,to increase paternity and parental leave,to balance the childcare responsibilities of men and women,to eliminate corporateprejudice against women,and to combine maternity and medical risks to provide a strong backing for women to encourage women to have children and promote equal employment for women.In addition,by granting tax incentives and financial subsidies to enterprises employing two-child women,the economic costs of employing two-child women in enterprises can be reduced and shared by the community,so that encouraging fertility and maintaining equal employment for women become the common responsibility of society.