A Study On The Legal Issues Of The Protection Of The Rights And Interests Concerning The Maternity Insurance Of Female Workers In The Private Section

The issue of maternity insurance for maternity workers and the protection of maternity insurance rights is one of the hot issues in the theoretical and practical circles in recent years.There are many articles on the maternity insurance for female employees every year.The research scope is wide,but most of them are from demography,sociology,Politics,public administration,and administrative management are leading the way.Of course,there are also studies from a legal perspective,but there are not many articles on legal empirical research,and there are not many articles on the protection of maternity insurance rights in practice.In view of this,the article mainly uses the legal empirical perspective to study the impleme ntation of the policy of maternity insurance rights of female employees in the private section of the current period,find problems,inductive problems,analyze the reasons and put forward relevant suggestio ns to further impleme nt and improve.In the introduction part,the article firstly expounds the purpose and significance of the paper’s writing,and then briefly introduces the relevant research situation and deficiencies in the field at home and abroad.Finally,it briefly explains the main research methods of the paper,such as literature analysis method,empirical research method and comparison method.Then,in the main body of the article,the theory and concept are first laid out,defining the research objects,such as the private section and female employees,the basic concepts of maternity insurance and maternity insurance rights,and analyzing the evolution of the policies related to the maternity insurance benefits of female workers in China.It is mainly divided into two major time periods.One is the maternity rights and interests policy before the establishment of the maternity insurance system,and the other is the maternity insurance rights and interests policy after the establishment of the maternity insurance system.In terms of finding problems and inductive problems,the article adopts the perspective of legal empirical research,and starts with the problem.By searching nearly 200 national district courts for the latest 2018 annual effective judgment documents,the article analyzes the current period,the private section,women.What are the outstanding problems in the enjoyment of the employee maternity insurance rights and interests policy?The study found that the implementation of the policy of maternity insurance benefits for female employees in the private section is not optimistic.For example,in the payment of social insurance premiums,the private section do not pay social insurance premiums for female employees and pay social insurance premiums for late payment and low standards;in the payment of maternity benefits,the private section fail to issue or deduct births without proper reasons.The illegality of the allowance is nxore,and the amount of maternity allowance is lower than the pre-enployment wage income of female employees.This is not in line with the relevant national laws and regulations on the wage income of female employees during the period of maternity;in the maternity leave system,some private section have not according to the regulations,the issue of maternity leave for female enployees and the illegal termination of labor contracts during the maternity leave of female employees are very prominent.So,what are the reasons for the above problems?The article focuses on the three major aspects of institutional norms,administrative law enforcement and rights relief to analyze the current reasons for the implementation of the policy of affecting the maternity insurance rights of female employees in the private section.For example,at the level of institutional norms,the problem of high social insurance premiums leading to increased employment costs for private section is very prominent.At the same time,there are institutional contradictions in the standard of maternity allowances,excessive length of maternity incentives,and related supporting policies have not kept up.At the administrative law enforcement level the current labor inspection agency has insufficient administrative and law enforcement personnel,and the labor inspection administrative punishment is insufficient,resulting in low legal costs for private section.At the same time,the regional protection phenomenon also affects the labor inspection administrative law enforcement effect;At the level,the lack of legal aid for women workers with rights and interests is difficult,and the long period of labor arbitration or follow-up prosecution has led to the problem of excessive cost of women workers’ rights protectio n.Finally,for the reasons of the above analysis,the article also proposes relevant improvement suggestions from the perspectives of system norms,administrative law enforcement and rights relief For example,it is necessary to strengthen the constructio n of the legal norms system fo r the protection of maternity insurance rights.Specifically,it is necessary to improve the legal norms for the collection of social insurance premiums.It is necessary to clarify that the amount of maternity allowance for female employees must not be lower than the level of prenatal income,shorten the number of days of maternity rewards and synchronize Exploring the establishment of parental leave system and the need to introduce system norms to reduce the burden of employment of the private section;Secondly,it is necessary to increase the labor supervision and enforcement of maternity insurance rights and interests,such as the need to strengthen the construction of administrative law enforcement teams of labor inspection agencies,and at the same time,it is necessary to improve the labor inspection administrative punishment,so that the private sectio n do not dare to violate the law;In the end,they need to construct reasonable and effective maternity insurance rights and interests relief mechanisms,such as providing effective legal aid to women with rights and interests to help them defend their rights,and exploring the establishment of"or ruling or trial,their respective final”mechanism to improve the efficiency of wo men workers’rights pro tectio n time.The implementation of the maternity insurance rights and interests policy of female employees in the private section,the maintenance of the legitimate rights and interests of female enployees of the private section,the promotion of national populatio n eugenics,the relief of social emplo yment pressure,the promotion of social equity,and the human rights of women in the new era guarantees and so on have great positive significance,and it is worthwhile for us to seriously analyze and study and improve them.