Research On The Protection Of Labor Rights And Interests Of Female Workers In My Country During Pregnancy

Under the background of China's two-child policy,and after the founding of People's Republic of China,the relationship between supply and demand in the labor market has changed again.China's labor law has more comprehensive and specific provisions on the labor protection of female employees during pregnancy,and the working environment and payment of female employees during pregnancy have been greatly improved.Because female employees need to bear the dual responsibility of family and society,employers suffer from the psychology of gender difference in recruitment,promotion,salary,vacation and so on.There are many problems in the implementation of the protection of the labor rights and interests of female employees during pregnancy in the process of pursuing the maximization of economic interests.From the perspective of gender,this thesis takes the protection of the special labor rights and interests of pregnant female employees as the starting point,and combines with the current social environment,and sums up the main controversial focuses of pregnant female employees in the process of fulfilling the labor contract with typical cases: unilateral change of the labor contract between the employer and pregnant female employees,unilateral termination of the labor contract by the employer,and performance of the labor contract by pregnant female employees equal employment rights and interests encountered in the same process.On this basis,common problems are extracted,such as labor protection standards for pregnant women workers,ways of damage compensation,application of equal employment rights,administrative responsibilities of state organs and other organizations or industrial protection issues.The ultimate purpose of the special protection of female workers in China's labor law is to protect the reproductive rights,health rights and employment rights of female workers.As an important part of the special labor rights and interests of female workers in China,in order to coordinate the relationship between the reproductive rights and employment rights of female workers,the research on the protection of the labor rights and interests of female workers in pregnancy will promote the equal employment of men and women,and promote the two-child policy.It is of great significance to implement the two-child policy,strengthen the harmonious development of the society and improve the current situation of the aging population.The introduction part of this thesis gives a general description of the problems,the purpose and significance of the research,research methods and other related issues.The first part of this thesis introduces three classic cases of pregnancy,briefly summarizes the cases and summarizes the focus of controversy.The three cases are Zhongshi Blue Ocean's infringement of pregnant women's rights,Tang Jiao's labor dispute with Changshu Yichuan Human Resources Co.,Ltd.and Fan's equal employment right dispute with a property company.In the second part,the author analyzes the focus of the dispute in accordance with the related laws,discusses the results of the case and puts forward her own opinions,and expands the relevant issues with the labor rights and interests of female employees during pregnancy.In the third part the author combined with the second part think about and put forward suggestions to solve these problems.For example,in terms of legislation,the feasibility of some legal provisions,the issue of voluntary overtime working during pregnancy,whether pregnant female employees have the obligation to inform in good faith.In terms of law enforcement,the responsibilities of non-governmental organizations such as the supervision subject,the responsibility subject and the trade union are not clear,and there is the phenomenon of cross enforcement and shirking responsibility.In terms of judicial practice,time cost and economic cost hinder women workers from safeguarding their rights,and the arbitration and litigation procedures are broken.Finally,the female employees' own concerns are subject to various subjective limitations.With the strengthening of women workers' awareness of safeguarding their rights,more and more women workers seek to protect their rights and interests by law.However,due to the differences in the protection of female workers in different regions,and the lack of specific civil liability provisions in China's laws on the labor protection of female workers during pregnancy lead to the expansion of the discretion of courts in different regions,and even the phenomenon of different judgments in the same case.Through the theoretical analysis of typical cases,we find that there are legislative and judicial problems in the labor protection of women workers during pregnancy in China,and the relevant suggestions are drawn from the thoughts of the cases.