Reflections On The Protection Of Female Workers’ Labor Rights And Interests Under The Three-Child Policy

As a basic national policy of our country,family planning has effectively controlled the population growth rate of our country.However,with the development and changes of society,my country is facing population problems such as an aging population and a declining fertility rate year by year.Our country is also constantly adjusting the fertility policy,so as to hope to solve the current population problem.In October 2015,the Central Committee of the Communist Party of China announced at the Fifth Plenary Session of the 18th CPC Central Committee that it would accelerate the implementation of the universal two-child policy,and the one-child policy implemented in Chinese mainland for more than 30 years officially entered history.However,the comprehensive two-child policy has not significantly increased my country’s total fertility rate.Faced with the current situation that the aging population is still further deepening,on May 31,2021,the Political Bureau of the Central Committee of the Communist Party of China held a meeting and decided to implement the "three-child birth policy".It is undeniable that the three-child birth policy can not only satisfy the wishes of the Chinese people to have three children,but also play a positive role in alleviating the current situation of my country’s population aging.However,the implementation of this policy may also bring more pressure in life and work to female workers of gestational age,who are the main bearers of giving birth and caring for the growth of newborns.Under the new birth policy,female employees may experience three childbirths,which will directly affect the employment and promotion of female employees.Therefore,how to effectively protect the labor rights and interests of female employees under the three-child birth policy is a practical problem that must be faced,and it is also a key factor in whether the policy can be effective.The author studies how to protect the labor rights and interests of female employees from the following five parts:The first part mainly introduces the research background of this paper.With the current low birth rate in our country,the trend of population aging is aggravating,and the population policy needs to be changed as the background,the practical significance and theory of how to protect the labor rights and interests of female workers under the background of the birth policy are studied.significance.It also expounds the theoretical basis of the protection of female workers’ labor rights and interests.Equality does not exclude special protection.The special protection of female workers’ labor rights and interests is based on the physiological differences between men and women and differences in social factors.The special protection for female workers goes beyond formal equal treatment,and formulates laws and regulations to protect the labor rights and interests of female workers with the goal of substantive equality of results.The purpose is to make up for the inequalities of women caused by physical and social factors.The second part analyzes the current situation of the protection of labor rights and interests of female workers under the background of my country’s three-child birth policy,including the implementation status of the birth policy,the implementation of supporting measures,and the main problems faced by female workers in the protection of labor rights and interests under the birth policy..At the same time,it introduces the legal provisions on the protection of labor rights and interests of female employees.The third part analyzes the three most prominent problems faced by female workers in the protection of labor rights and interests under my country’s three-child birth policy: workplace birth discrimination,damage to labor standards,and difficulty in rights relief.This part analyzes the direct causes of these problems from multiple perspectives.In the context of the maternity policy,the reasons for the above three dilemmas are mainly the contradiction between the employer’s pursuit of economic benefits,saving labor costs,and the fact that female employees’ childbirth will bring higher labor costs to the employer than male employees.The fourth part puts forward the countermeasures to solve the dilemma faced by female workers’ labor rights protection under the three-child birth policy.The author believes that,while improving the protection of labor rights and interests of female workers in my country,we should learn from the useful experience of foreign legislation and practice,and at the same time integrate social forces to create an environment for female workers.For example,the government shares the labor costs of employers during the childbirth period of female employees,thereby reducing the phenomenon of discrimination against female employees in employment and childbirth;improving the labor benchmark system at the legal level;improving the rights and remedies for female employees,so that female workers can get effective relief when facing rights and interests infringement and other aspects to promote the protection of female workers’ labor rights and interests.The fifth part is the author’s summary of this paper.If the three-child birth policy is to be implemented smoothly,the protection of the labor rights and interests of female workers cannot be ignored.The countermeasures such as maternity discrimination,labor standards and rights relief for improving the labor security of female employees are proposed by the author based on the analysis of the current three-child birth policy and the damage to the labor rights and interests of female employees.The smooth implementation of the policy can have a greater positive impact.