The Research On Women’s Labor Rights Guaranteed By Law

Women’s labor rights is based on the difference of gender,law endows women workers the same labor rights as men and women workers has special protection by laws.That is to say that women has the same right to get relevant reward as men after participating in social labor.Moreover, laws endow women workers more preferential and special treatment because there are some differences in body structure, psychological quality and social position between women and that of men.Because women workers play an important role in development of market-oriented economy and also has an significant meaning in assuring human rights, decreasing social contradiction and promoting construction of socialist legal society,this paper starts with the expressions that the labor rights of women is easy to be infringed,such as right to work,right of re ward, welfare right.Based on the second principle in"the Theory of Justice" of Rawles,the theory of social responsibility and biology theory,this paper study on legal protection of women’s labor right from four aspects:legislating laws scientifically,enforcing laws strictly,administering justice impartially,and ensure that everyone abides by the law,and comprehensively promoting the law-based governance.There exist four shortcomings in women’s labor rightrthe legislation is incomplete,enforcement of law is not strict,administration of justice is incomplete and law-abiding status is not good.Incomplete legislation mainly performs that the content of legislation is incomplete(Iegislation of sexual harassment,legislation of gender discrimination,relevant legislation of the universal two-child policy) and legislative concept is incomplete.Not strict enforcement of law mainly refer to the labor supervision.Incomplete administration of justice is analyzed form four aspects:burden of proof, labor arbitration,cost in safeguarding the rights and interests and the intensity of punishment.That law-abiding status is not good refers to law-abiding status of enterprises.Take overseas practices of legal protection for women’s labor right as references,such as America,England,German and Korea.They explicit anti-employment discrimination law and regulations of sexual harassment.and they have rich contents of legislation,equal legislative concept,specialized supervision and execution agencies.specialized employment act,clear discrimination pattern and they consistently perfect employment age and punishment limit,all these detailed contents have important reference significance and enlightenment for perfecting legal protection of women’s labor right in our country.At last,based on perfecting the legal protection of women’s labor right in our country from legislation,enforcement of lawjudicial justice and law abiding and taking overseas practices of legal protection for women’s labor right as references,this paper puts forward perfecting contents of legislation, updating legislative concept,enforcing laws strictly,improving judicial efficiency,perfecting the principle of shifting burden of proof,perfecting labor arbitration system,decreasing cost in safeguarding the rights and interests,enhancing the intensity of punishment and strengthening the concrete measures of law-abiding.Pay high attention to improvement and development of women,only by perfecting the legal protection of women’s labor right in legislation,enforcement of law, administration of justice and law abiding,could the equity of labor right of men and women be indeed realized.