On The Legislative Construction Of Gender Equality Employment Law

Since the Republic of China was founded, women's social status in our country have been improved a lot, with the progress of women's rights in the legal system. The "Constitution" was established the basic principles of gender equality, which is implemented in the "Women Protection Law".Besides,the "Labor Law", as well as the "Labor Contract Law",give a special protection on women' equal rights in employment. However,these legal provisions are still relatively fragmented and even there are some conflicts,without a sound system of legal remedies.For example,women's employment rights are limited in the area of the legal relationship established by labor contracts according to the exiting legislation.On the contrary, the gender discrimination can happen at anytime anywhere,including the per-employment, which means unequal employment opportunities,employment period (the discrimination in the treatment and the development of career) and the export(retirement gender discrimination).In order to achieve goals of gender equality in employment as well as guarantee the rule of law, we need to improve our law and carry out a new one banning gender discrimination on employment.This article analyzes the causes of gender discrimination in the employment, and the reasonable necessity to protect women's equal rights,which is the basis to make the proposals on construction of equal employment law. When we construct the new gender equality in employment law, we should solve the following difficulties,the conception of gender discrimination,a set of specialized agencies,such as a gender equality committee,which is responsible for dealing with sex discrimination in employment, gives legal assistance to female victims in time, and can make adjudication,and the responsibility of oversight and accountability law.