Legal Regulation Of Anti Gender Discrimination In Employment Under The Three Child Fertility Policy

In order to improve the reproductive environment and alleviate the pressure of population aging,the CPC Central Committee and the State Council proposed to "implement the policy that one couple can have three children and supporting measures".However,due to the imperfection of laws and relevant supporting measures,it has brought new difficulties to women’s employment.Women are regarded as potential mothers by employers and face all kinds of gender discrimination in the process of recruitment and employment management,which seriously restricts the career development of female workers.In addition,gender discrimination in employment also damages women’s equal right to employment,belittles their human dignity,and makes them fall into work anxiety and childbirth anxiety.How to alleviate women’s occupational anxiety and eliminate gender discrimination in employment has become a prerequisite for the smooth implementation of the "three child fertility policy".With the continuous promotion of the three child policy,the disadvantages of the current anti employment gender discrimination system are also gradually emerging.The specific manifestations are as follows: first,at present,China lacks a systematic and complete legal system of employment discrimination.The provisions on anti employment gender discrimination are scattered in China’s laws and regulations,and the contents of various laws overlap.In particular,there are no clear provisions on the definition,identification standard,defense reasons and burden of proof of employment discrimination,so the relevant provisions are difficult to be applied,and even become sleeping provisions.Second,gender discrimination in employment is not within the supervision scope of the labor administrative department.The labor administrative department is subordinate to the local government department and is under its jurisdiction.It is difficult for the victims to obtain effective administrative relief.Third,the current legislation lacks a clear definition of discrimination,and the scope of application of the right to equal employment cannot be accurately defined in judicial practice.In addition,the current legislation only stipulates discrimination in recruitment,and discrimination cases in other stages can only be handled as labor dispute cases.Fourth.The current law weakens the responsibility of the government and social organizations in population fertility and transfers the fertility cost to workers and employers.The employer has undertaken social responsibility,but has not enjoyed the corresponding rights.Employers are naturally reluctant to recruit female workers in order to avoid labor costs.The current anti gender discrimination mechanism in employment should be moderately reformed with the evolution of social system.Based on the basic national conditions of the "three child fertility policy",it is proposed that legislation,law enforcement and justice should work in the same direction,and social welfare policies should be promoted simultaneously.First of all,the legislature should speed up the work of legislation,reform,abolition and release,timely clean up outdated laws and regulations,modify the prohibitive legislation into enabling legislation,clarify the core concept of anti employment gender discrimination in the law,and issue the anti employment gender discrimination regulations as soon as possible,so as to improve the legal protection to a more operational level.Secondly,the administrative organ should strengthen the punishment,bring the gender discrimination in the process of recruitment,employment,promotion and other employment management into the scope of labor security supervision,set up special administrative agencies to accept employment discrimination disputes,and give full play to the relief role of administrative agencies.Secondly,the judiciary should broaden the channels of right relief,make use of the advantages of arbitration and the leading and ensuring role of justice,and strengthen the construction of the connection mechanism between arbitration and trial.Clarify the social status of women’s federations and anti employment discrimination institutions,and endow them with the subject qualification to file public interest litigation,so as to play the normative and guiding role of judgment.Finally,in order to fundamentally solve gender discrimination in employment,we also need to introduce relevant social welfare policies,tax incentives and other economic policies to work in the same direction as the three child fertility policy,so as to eliminate gender discrimination in employment and build a fertility friendly society.