The Protection of Women's Employment Rights and Interests under the Background of Three-Child

DOI: https://doi.org/10.62517/jel.202514310

Author(s)

Wenjing Xia*

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

The current society has entered the "endogenous" low fertility rate, so the low fertility rate problem will not be significantly improved by the "three-child", but the "three-child" will make the equal employment rights of female workers face more severe challenges. The lack of effective protection of the employment rights of female workers is one of the most important reasons that affect the reproductive behavior. The lack of such protection is particularly evident at the legal level: one-sided legal norms, rigid law enforcement mechanisms lead to insufficient regulatory effects and imperfect legal protection systems. This is also the main legal cause of employment discrimination that cannot be resolved. Therefore, it is necessary to reasonably formulate relevant maternity leave laws and regulations, set up professional executive agencies, further clarify the standards of gender discrimination in law, transfer the burden of proof and introduce public interest litigation system, and promote the continuous improvement of laws and other aspects to balance the employment rights and reproductive rights of female workers.

Keywords

Employment Discrimination; Female Employment; Rights Protection; Employment Rights and Interests; Legal Protection

References

[1]Heckman, J. J. "What Has Been Learned about Labor Supply in the Past Twenty Years?". American Economic Review, 1993(2):116-121. [2]Li Yueru. Research on the Dilemmas and Countermeasures of Women's Rights Protection under the Three-Child Policy. Heilongjiang Human Resources and Social Security, 2022(07): 22-24. [3]Guo Shuangyan. Intertextuality: The Evolution and Practice of Women's Employment Policy Texts. Journal of Shandong Women's University, 2022(07): 29-39. [4]Interpreting the Three-Child Policy to Promote the Construction of Inclusive Support Measures. Collection of Women's Studies, 2021(4): 48-82. [5]Morgan，S P. Is Low Fertility a Twenty - first - century Demographic Crisis. Demography2003，40(4): 589-603. [6]Tang Mei. A Study on the Legalization of Incentive Fertility Security Measures under the Three-Child Policy. Hubei Social Sciences, 2022(7): 121-130. [7]Zheng Chunrong: Family - policy Measures to Encourage Fertility in Germany, People's Tribune, 2022, No. 6, p. 105. [8]Xiang Yan, Sui Xinhong: The Improvement Path of Labor Supervision Mechanism for Employment Gender Discrimination, Journal of South-Central University for Nationalities (Humanities and Social Sciences), 2024, No. 2, p. 117. [9]Yang Weixia: The Legal Institutional Roots of Labor Supervision Enforcement Dilemmas, Study & Exploration, 2020, No. 1, p. 106.