中国女性劳动权立法的发展与展望

Abstract

Labor rights of women mainly refer to female employees enjoying the labor rights of equality between men and women throughout the labor process, and the special rights different from those of men based on their physiological characteristics and the social and family responsibilities of the offspring. The laws and rules which regulate labor rights of women include, "Constitution of the People’s Republic of China", "Law on the Protection of the Rights and Interests of Women", "Labor Law", "Employment Promotion Law", "Rules on the Labor Protection of Female Employees," and "Rules on Scope of Working Prohibition for Female Employees", etc. In accordance with the law, female employees enjoy rights of equality between men and women in terms of employment, promotion, occupational treatment, etc., and enjoy special protection in terms of labor intensity, working hours, maternity leave and breastfeeding time during menstruation, pregnancy, maternity and lactation. Furthermore, the specific provisions on the labor intensity, scope of working prohibition, and production safety conditions for female employees also reflect the social concern for women. There is still a certain gap between the current law on equality and the reality of equality of men and women in labor rights In reality, there are still various problems such as employment opportunities, occupational treatment, resignation and other aspects of inequality, sexual harassment in the workplace, and the failure to implement the protection of “four periods”. In order to truly guarantee the equal labor rights of men and women and the special rights and interests of women, it is necessary to improve the relevant legislation while changing the lagging legislative concept and make it workable. In addition, in order to realize the equal labor right of men and women and to meet the desire of female employees who pursue a better life., the state should introduce various dispute resolving mechanisms such as legal aid, public interest litigation, reversal of evidence, special arbitration and etc.