“二孩”政策下女性劳动权益法律保护研究

发布时间：2018-11-26 15:18

【摘要】：2015年10月29日,中国共产党第十八届中央委员会第五次全体会议审议通过了《中共中央关于制定国民经济和社会发展第十三个五年规划的建议》,全面实施一对夫妇可生育两个孩子政策。目前,多个省份已完成了地方人口与计划生育条例的修订,全面二孩政策正在依法有序实施。论文在“二孩”政策实施的背景下,在对女性劳动权益产生的影响进行梳理的基础上,对女性劳动权益法律保护进行了较系统的研究。文章主要分为三个部分。第一部分通过一系列案例和调研数据,对“二孩”政策下女性劳动权益受到侵害的具体表现进行了分析,主要从女性求职和女性就职两方面展开。在女性求职过程中,因为“二孩”政策的实施,其所面临的招聘性歧视更加严重。而已经就职的女性也受到“二孩”政策的影响,如女性劳动者因为生“二孩”被解雇、调岗降薪等。第二部分从立法和司法两方面,分析了女性劳动权益法律保护的现状,并就不足之处进行了剖析。从立法角度看,现有的散见于各种法律法规中的相关规范并不具体明确,缺乏实际可操作性,而且“二孩”政策出台后,缺少与其配套的法律法规,来保障女性因为生“二孩”而遭受侵害的劳动权益。从司法角度看,我国缺少反就业歧视专门机构,而且现行的司法救济机制也存在着诸多缺陷。第三部分主要是提出法律建议。针立法和司法上存在的不足之处,笔者认为应当尽快出台专门的反就业歧视法,明确相关的法律责任,使得女性维护自身劳动权益有法可依,也能够震慑做出违法行为的用人单位。另外,应当建立女性劳动权益保护的公益诉讼机制,避免女性劳动者因为其弱势地位而难以维护其劳动权益。
[Abstract]:On 29 October 2015, the Fifth Plenary session of the 18th Central Committee of the Communist Party of China deliberated and adopted the recommendations of the CPC Central Committee on the formulation of the 13th Five-Year Plan for National Economic and Social Development, Fully implement the policy of having two children for a couple. At present, several provinces have completed the revision of local population and family planning regulations, and the comprehensive two-child policy is being carried out in an orderly manner. Under the background of the implementation of the "two-child" policy, this paper makes a systematic study on the legal protection of the female labor rights and interests on the basis of combing the influence on the female labor rights and interests. The article is divided into three parts. The first part, through a series of cases and research data, analyzes the specific performance of the violation of women's labor rights and interests under the "two-child" policy, mainly from the two aspects of female job hunting and female employment. Because of the implementation of the "two-child" policy, women face more serious discrimination in recruitment. Women who are already employed are also affected by the "two-child" policy, such as the dismissal of female workers for having a second child and a pay cut. The second part analyzes the present situation of the legal protection of female labor rights and interests from the two aspects of legislation and judicature, and analyzes the deficiency. From the legislative point of view, the existing relevant norms scattered in various laws and regulations are not specific, lack of practical maneuverability, and after the introduction of the "two-child" policy, there is a lack of supporting laws and regulations. To protect women because of the birth of "two children" and suffered violations of labor rights and interests. From the judicial point of view, our country lacks the specialized organization of anti-employment discrimination, and the current judicial relief mechanism also has many defects. The third part is mainly to put forward legal suggestions. The author thinks that we should introduce a special law against employment discrimination as soon as possible, make clear the relevant legal responsibility, so that women can maintain their own labor rights and interests in accordance with the law. It can also deter employers who commit illegal acts. In addition, we should establish a public interest litigation mechanism to protect women's labor rights and interests, so as to avoid the difficulty for female workers to safeguard their labor rights and interests because of their weak position.
【学位授予单位】：江西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5

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