Exploring the Dilemma of Equal Employment Rights and Countermeasures for Childcare Women-Taking China's "Mom Post" as a Background

DOI: https://doi.org/10.62517/jmsd.202512620

Author(s)

Jintong Zhang

Affiliation(s)

Beijing Institute of Technology, Beijing, China

Abstract

As a flexible form of employment to alleviate the employment pressure on child-rearing women, the policy value and practical deviations of "mother's posts" constitute a core issue in the field of equal employment. By reviewing representative literature in the field of equal employment and analyzing the special policies and safeguard detailed rules for "mother's posts" in the three provinces of Guangdong, Hubei, and Shandong from 2021 to 2024, the study finds that there is a deviation between the promotion of "mother's posts" and the intended policies: the label of "mother's posts" exacerbates gender discrimination; most positions are concentrated in low-skill sectors, hindering the career development of child-rearing women; although pilot provinces require enterprises to sign agreements and ensure social security coverage, in practice, the signing rate of written agreements for new types of "mother's posts" is low, rights and responsibilities are ambiguous, and the social security participation rate of employees is much lower than that of regular positions, which infringes upon the equal employment rights of child-rearing women. Its underlying causes manifest as four major contradictions: first, provisions such as those in the Law on the Protection of Women's Rights and Interests are highly principled and insufficiently connected with policies such as "flexible working hours"; second, the coordination of multiple remedial measures fails; third, employment discrimination is highly concealed, making it difficult for workers to adduce evidence and resulting in high costs for safeguarding their rights; fourth, there is a prominent cost mismatch: the average time for workers to pursue rights protection is 3.2 months, the fine for enterprises' violations is only 8,000 yuan, and compensation for mental damage is mostly within 10,000 yuan, which is insufficient to form an effective deterrent. In light of this, this paper proposes regulatory paths such as enhancing the operability of laws, optimizing the coordination of remedies, reasonably allocating the burden of proof, and strengthening the punishment and incentive mechanisms for enterprises' illegal acts, so as to provide support for improving the equal employment security system and promoting the standardized development of "mother's posts".

Keywords

Equal Employment Rights; "Mom Post"; Gender Discrimination

References

[1] Li Zhaona: "What is the mom post that netizens are arguing about? in China News Weekly, June 10, 2025 [2] Controversy over the "mom post": Is it a boon for women or exploitation in disguise? in Southern Rural News, June 12, 2025, p. 5 [3] Xu Baoyi, "Exploring the Dilemma of Women's Employment and Countermeasures under Anti-Gender Discrimination", in China Price Regulation and Anti-Monopoly, No. 2, 2025, pp. 72-74 [4] Zhou Yuan: "The Dilemma and Way Out of the Equal Employment Right Remedy--Taking the Perspective of Social Law Correcting Private Law", in Human Rights, No. 2, 2023, pp. 1138-160 [5] Liu Rui, "Countermeasures Research on Female Employment Discrimination in China", in Labor Security World, No. 21, 2018, pp. 14-15 [6] Zhang Yun, "The Dilemma and Improvement Countermeasures of China's Part-time Workers' Rights and Interests Protection", in China Labor, No. 6, 2024, pp. 78-92 [7] Shi Bowen: "Study on the Relief Path of Labor Dispute Mediation and Arbitration", in Journal of Shanxi Youth Vocational College, No. 2, 2020, pp. 67-70 [8] HUANG Xuan; ZHU Cheng, "Reflection and Path Improvement of Preceding Arbitration Procedures of Labor Disputes-An Empirical Analysis Based on 353 Judgments", in Journal of Northeast Agricultural University (Social Science Edition), No. 5, 2018, pp. 62-68 [9] Zhang Ling, "Discussing the Problem of Allocation of the Burden of Proof in Labor Dispute Litigation", in Modern Marketing (Business Edition), Issue 8, 2020, pp. 120-121 [10] Ju Haiting: "Let Justice Become a Product Affordable to Migrant Workers-Taking the Analysis of Litigation Costs as a Perspective", in People's Justice, No. 5, 2007, pp. 65-68 [11] Wang Xianyong: "On the Judicial Relief of Equal Employment Rights", in Women's Studies Series, No. 2, 2020, pp. 88-96 [12] Simone de Beauvoir, Zheng Keru, Shanghai Translation Publishing House, 2020 Edition [13] Chen Xiurong, "Gender Equality Consultation and Evaluation in Legislation," in China National People's Congress Website, February 16, 2015, in [14] Guo Guihuan; Hou Yingxue, "Research on the Protection of Labor Rights and Interests of Workers in New Employment Forms under the Digital Economy", in Journal of Shandong University of Science and Technology (Social Science Edition) 2024, No. 4, pp. 47-56 [15] Xie Zengyi: "Comparison of the Components of Employment Discrimination in the U.S. and the U.K. Also Discussing the Development Trend of Anti-Employment Discrimination Law and China's Legislative Options", in Zhongguo yaijue (Chinese and Foreign Legal Science), Vol. 4, No. 4, 2008, pp. 613-629. [16] Cao Weiwei: "Judicial Remedies for the Right to Equal Employment in the Transition Period of Population Policy", in Jurisprudence, 6th edition, 2022, pp. 175-192.