Study On Labor Law Protection Of Equal Employment Right Of Women Of Childbearing Age

With the accelerating process of the country’s rule of law,the issue of human rights has attracted more and more attention.Equal employment right is the extension of equal constitutional right in the field of employment,from theory to practice,but it is difficult to achieve equality in the face of the market economy.The protection of equal employment rights of women of childbearing age depends on the implementation and enforcement of domestic legislation,but the phenomenon of overlapping,conflict and duplication of existing legislation is serious,and the over-principled and backward legal provisions are seriously out of line with practice.Especially under the background that the universal three-child policy has brought more pressure to women’s employment,the protection of equal employment rights for women of childbearing age has become an unavoidable and urgent problem in China.This paper takes the adjustment of birth policy as an opportunity to analyze the problems existing in the protection of the equal employment right of women of childbearing age in China from the perspective of labor law,and discusses how to construct a complete system of the protection of the equal employment right of women of childbearing age from the aspects of legislation,justice and law enforcement.This paper is divided into five parts.The first part,starting from the concept of equal employment right,defines the concept of equal employment right for women of childbearing age,and makes clear that equal employment right for women of childbearing age is a bundle of rights including equal employment opportunity,equal remuneration and equal career development,laying a theoretical foundation for the discussion in the following part.Then it retrospects the development course of equal employment right of women of childbearing age in China and summarizes the stage characteristics of equal employment status of women in different historical periods.The second part takes the introduction of the universal three-child policy as the background,analyzes the correlation between the implementation of the new policy on fertility and the equal employment rights of women of childbearing age,focuses on the impact of the adjustment of fertility policy on the employment of women of childbearing age,and then points out the practical problems existing in the equal employment rights of women of childbearing age in China based on social phenomena.Finally,the paper analyzes the legislative protection of equal employment rights for women of childbearing age in China.The third part elaborates the current difficulties in the labor law protection of the equal employment right of women of childbearing age.Starting with the defects in the supporting legal system of maternity guarantee,judicial relief mechanism and labor supervision,it comprehensively analyzes the causes behind the difficulties in the labor law protection of the equal employment right of women of childbearing age.The fourth part analyzes the relevant laws,policies and measures of other countries,such as Germany,the United States and the United Kingdom,to guarantee the equal employment rights of women of childbearing age,summarizes their advanced experience,and draws lessons from the contents consistent with the employment difficulties of women of childbearing age in China,so as to find feasible ways of China’s legislation.The fifth part through the introduction of foreign advanced legislation,judicial experience and combined with the actual situation of Our country put forward the legislation,judicial,law enforcement approach on the protection of women of childbearing age equal employment rights.The legislative approaches include formulating the law against sex discrimination in employment,expanding the scope of relief objects,expanding the scope of accepting labor disputes,clarifying the criteria for judging gender discrimination in employment,and constructing a legal system for maternity protection.The judicial approach includes introducing the mechanism of public interest litigation and improving the distribution mechanism of burden of proof.The way of law enforcement includes strengthening the supervision of gender discrimination in employment,setting up special law enforcement and protection agencies,and taking various measures to build a complete labor law protection system of equal employment rights of women of childbearing age,trying to realize the dynamic combination of formal equality and substantive equality of equal employment rights of women of childbearing age.