The Discussion Of Women Equal's Employment Right

Under the principle of equality between men and women, China's Government have promulgated a series of laws and regulations to protect women in equal employment, which are significant in promoting the realization of woman equal employment right in China. Women walk out of their home one after another, go in the society and obtain employment right. Since the Reform Open-up of China, the planned economy system has been turned into a market economy system. While efficiency is preferred with equity considered, the employment unit enjoys greater independent in choosing employees so that the women's equal employment right is greatly threatened with sexual discrimination phenomena every where and while. The causes for these phenomena lie in the division of labour and bias due to social, historical and cultural factors and the lack of laws and regulations under the new situation in China: there is no special law dealing with women equal employment. The United Nations and International Labor Organization have promulgated relevant international conventions on employment equality between men and women and counter discriminatory and many foreign countries have detailed laws. China should follow relevant requirements of the international conventions and learn from the advanced foreign laws to establish and perfect China's laws and regulations.The thesis falls into three parts. The elementary theories on equal employment right are expounded in the first part. Equal employment right stems from stipulations on the constitution and other laws and is the requirement to guarantee the fundamental right of woman for living and development, the fundamental human right and embodies the social equity. Going against sexual discrimination is the key to realize female equal employment right. Relevant regulations in international conventions and laws and regulations on equal employment between man and women in America, Norway and Hong Kong are introduced in the second part. The enlightenment significance of these laws to the establishment and perfection of China's law is discussed. Sexual discrimination is severe in China's employment and unequal pay for the equal work resulted in profession segregation cannot be ignored. There is no strict definition on sexual discrimination in China's laws, and let alone definition on indirect discriminate, laws and regulations have a great promotion on women's equal employment right whereas the stipulations on specific legal procedures and relevant legal responsibilities are very imperfect. Therefore, such insufficiencies are to be sthenghened in China's law-making. In the last part, the author first introduces the situation of women employment in China, investigates the causes for difficulties in realizing women's equal employment right and puts forward the perspective of social gender - the root for woman discrimination. Secondly, social gender should be principalized in China and social gender should be considered in the formulation of policies and laws and regulations in accordance with the objectives in the National Program of Action for the Development of Chinese Women. The last but not the least, relevant anti-sexist laws should be made, the main body of law execution, legal procedures and legal liabilities should be clarified. Except that the special measures for speeding up the realization of women's equal rights and true professional qualification requirements do not belong to sexual discrimination, any other inequality treatment based on gender factor are illegal and should be punished according to law.