Research On The Paternity Leave System In My Country

The 14 th Five-Year Plan and a draft of the 2035 long-term goal outline are proposed to explore the implementation of parental leave.my country's legal provisions on female maternity leave are relatively complete,but compared with female maternity leave,The law on paternity leave for men is less than satisfactory.In China,the legal norms of the male paternity leave system are chaotic and scattered,and there are some differences in the legal provisions of different places.At present,China has been committed to carrying out the "two-child" policy to improve the family fertility rate.In order to achieve this goal,protect male reproductive rights,reduce female reproductive burden,and improve female employment discrimination,my country should establish and improve the male paternity leave system.In this paper,the author adopts the dynamic application method,empirical research method and text research method to study the problems stipulated in the legal system of paternity leave in China.In China,paternity leave system has the following problems: First of all,the legislative level is low,the policy is fragmented,and the system of paternity leave for male employees does not have a nationally unified legislative standard,which makes this system encounter obstacles in the process of application,and its effect is greatly reduced.Secondly,there is a lack of supervision by public authorities in the implementation of the paternity leave system;thirdly,the vacation time is short,the audience is narrow,and the effect of the system is difficult to achieve expectations.Finally,the cost of vacations borne by enterprises is too heavy,and the enthusiasm for implementing the paternity leave system is low.The main reasons for this situation are that the paternity leave system is only stipulated in the there is little attention to the paternity leave system and insufficient attention,and there is a lack of specific provisions in many aspects.Furthermore,the main reason for the lack of supervision by public power agencies is that law enforcement is unfounded.Under the situation of "no law is authorized and cannot be done",administrative agencies often do not intervene more because of the cost of law enforcement.Secondly,even if there are provisions in laws and regulations.The illegal cost of not implementing the holiday is also lower.This article make some suggestions to solve the problem.First,raise the level of legislative and stipulate the level of paternity system in national-level laws to increase the effectiveness of the universal application;second,combine maternity leave and paternity leave,and couples take leave together.There are plans to extend paternity leave.Third,the lack of supervision in implementing the paternity leave system in the system normalizes paternity leave inspections;reasonable sharing of holiday costs,and data calculations.Fourth,reasonably share the cost of holidays.According to data measurement,the cost of holidays is shared among the government,workers and enterprises to ease the shoulder on institutions.Fifth,it is recommended that the labor supervision department incorporate this system into the scope of supervision,strengthen the supervision of employers,and make this system truly implemented.