floor fillerGENDER DISCRIMINATION IN EMPLOYMENT
Nowadays, "do not recruit girls" at some provincial workplaces has become the latent rules of recruitment. Phenomena of exclusion or restriction on women exist in many companies’ recruitment: some employers indicate clearly that they just need boys; some female doctors can get jobs just as same as male masters. Female graduate students also face the "age embarrasd" in eking jobs. They are almost always asked about the problems on marriage and children by the recruitment companies. Several companies even clearly prescribe that "within two years, female employees can’t marry and have children", which is not written in letters in the employment contract. To the professional female graduate of Normal School, this ca is particularly common. A major cau of x discrimination in employment is that many employers simply t out from economic benefits and not want to take social responsibility. A manager of Human Resource department in a private company said: "Generally speaking, Female staff would conceive in two or three years. Of cour, we are unable to break their pregnancy leave. If dismiss them, it’s a violation of labor law; while, if we keep on employing them, they would become an enormous burden to company. So now we simply do not recruit women." Employment discrimination against female students not only undermines the principle of equity, but also results in waste of human resources. Ensure gender equality in employment betwee
n men and women, relying on the regulation of the market alone can not achieve. For the difficulties female college students faced in employment, government and society should do something. Firstly, to improve legislation that expressly prohibits gender discrimination. The draft law on employment promotion stipulates that, the recruitment of employers is not allowed to discriminate against workers’ gender, but the draft does not clearly constitute what legal responsibility the acts of employment discrimination should bear in the draft, introduced to x discrimination specifically vere penalties. Secondly, the elimination of female employment discrimination requires employers change their ideas. Employers must consider not only economic benefits, but also be strictly complied with the law, to assume corresponding social responsibility, to provide jobs for women.中括号
1. THE SPECIFIC PERFORMANCE OF GENDER EMPLOYMENT DISCRIMINATION
The gender employment discrimination can be divided into two types – direct discrimination and indirect discrimination by expression. Direct discrimination, also known as exterior discrimination, is that employers regard expressly prohibited x discrimination in law as a part of the measures of employment. It is one of the most obvious forms of xual employment discrimination. As in some advertiment, employers clearly point out that they will not hire woman, women and men have different standards of measurement or women are refud dire
规格英语
ctly to have promotion opportunities in the inner regulation. Indirect discrimination, also known as discrimination of Negative impact, is saying that employers implement a neutral and fair employment practices ostensibly, however, the result makes adver effects on specific groups protected by xual employment discrimination laws, which may constitute gender employment discrimination. Unless the employer can prove that the employment practices is relate to "about work execution" or “measurable to work capability”. In other words, if a person is belong to specific legal protection group with the typical characteristics of a statutory groups, employer groups treat the person and others who are not belong to the groups with the same recruitment, lection, asssment and other procedures related to labor rights or condition, and the results will not help the group. This situation constitutes indirect discrimination. But according to the law, for rectifying discrimination already existing in company or society, company give a statutory group (for example, women with disabilities) preferential treatments, which not constitute xual discrimination in employment. As a reasonable remedy, positive actions shall be affirmed by law.
Depend on the content, the xual discrimination in employment, concentrated in two aspects: firstly, xual discrimination on labor market demands. Employers refu to employ women or rai recruitment standards for women at the basis of factors about x unrelated to labor productivity, co
高中化学教材目录mparing with male’s, which even makes female ek work harder. Or in the process of using staff, discrimination against women workers leads to narrow range of career choices of female workers, job promotion difficulty; inadequate labor protection, occupational hazards; job incurity, unemployment problem and so on. The cond one is gender discrimination in occupational structure. Occupational structure means occupational distribution, which largely reflects the structure of people's social status. Also it’s a yardstick to measure the level of women's employment and economic participation. Gender discrimination in socio-professional structure firstly reprent as gender discrimination of employment ratio. Then, it’s the discrimination of composition in employment. According to statistics, nearly 80% of female capital attaches to two vocation: the agricultural and industrial, others attaching to the leadership vocation is less than 1% of its total. The third is gender discrimination in distribution of the working hours: On one hand, it’s the threat of growing age — women employees over 35 years old can’t achieve free movement unless she is prominent in the field; On the other hand, it’s the inequality of the labor time. According to the public survey of working time, men work average 8.68 hours a day, and women's average working time is 7.84 hours per day. While for women the time spent on daily houwork is average 4.
2 hours, so it costs women totally 12.04 hours women to work, while the male 10.7 hours. Adding work time and houwork time together, women work 1.34 hours more than men per day.
In additional, Chine labor laws and policies in force has made special regulations for the protection of women workers, such as forbidding women from working in mines or working underground, and pregnant women to be married are not allowed to be occupied in certain toxic and hazardous work or other taboo regulations. On a long view, in fact, becau it’s a restriction and deprivation of women's right to choo their own jobs freely, the law is also a type of gender employment discrimination. However, to achieve social equity and gender equality, the countries t gender limit on certain vocation, such as regulate the minimum proportion in women's participation in social and public affairs and in leadership of government, which is not regard as xual discrimination in employment.
2. THE CAUSES OF SEXUAL EMPLOYMENT DISCRIMINATION
a) Social and Historical Roots 趑趄
Sexual employment discrimination was rooted in social custom as a complex socio-economic phenomenon, and was strengthened by the systems which deprive or damage women's equal opportunities to get a job. On the evolution of human history, the development of productive forces promoted the emergence of private ownership and the eventual formation of a patriarchal society. As
the same time with the private ownership produced, the monogamous family came into being and property inherited by the male line. Women lost their ownership and inheritance rights of family property. What they can do is to depend upon men by marriage or blood relationship. While women's houwork is a return to their husbands’ support ,which only has value in u but not worth – when women's houwork is considered as a private family matter and can not receive appropriate remuneration, in the minds of men, women are just dependent. Women’s position can only be cond place to the men below. Along with gender inequality, the so-called "patriarchal" gender discrimination continued down. For thousands of years, income, power, employment, unemployment, domestic labor, occupational gregation and other aspects, all of them exist unequal treatment more or less. When gender differences emerged into the social and division of labor and distribution of wealth became uneven, xual discrimination within the production, exchange and consumption would naturally produce.
b) Economic Reasons
socialcurityMarket economy forces companies to u the principle – benefit is first – to lect or train labor. From the corporate experience of long-term employment, female workers, compared with men, are of low efficiency and high cost. So, most companies are reluctant to invest in them. Enterpris often
consider the cost of their investment to women that their income is not only difficult to obtain, but also even can not recover the costs. Moreover, femal
e employees in the social investment of human capital are also at a disadvantage: relatively, its human resources are small stock, and low quality. Therefore, the level of labor productivity is not high, which is one of the fundamental reasons make differences between men and women in the form of wages and employment patterns.
c) Institutional Reasons
domination
Gender discrimination in the labor market of China is abounding. In addition to the role of stereotype formed by traditional cultural values, the more complex reasons also include systems, policies and laws and so on. Gender discrimination in the labor market can be traced back to the beginning of our economic system reform. As the planned economy, the government emphasis on equal pay between men and women so much that leading men and women have different work but equal value. Ignoring women's physiological characteristics and generational responsibilities must be constructed gender differences. Employers deeply feel it unfair. When in the socialist market economy, government hand the autonomy of employment to the employers. Some employers have openly declared in the recruit
ment brochure that they do not hire women. In China, laws and regulations are also not perfect and then further exacerbate the incidence of x discrimination in employment.
3. THE LEGAL MEASURES AGAINST SEX DISCRIMINATION IN EMPLOYMENT
Establish anti-discrimination laws and promote gender equality, are the historical trend of social development today. To effectively eliminate discrimination and promote equality, the 34th U.N. general asmbly in 1979 has pasd The Convention on the Elimination of All Forms of Discrimination against Women. China has become one of the first signatories of the convention in the early 1980s. However, to promote equality between men and women and to eliminate gender discrimination in employment can not solely rely on legal policy, and must be supported by appropriate rules against discrimination. Becau the discrimination and inequality formed by history is not only a kind of concept, but also has an extensive contact with the division and system choice and the people's interests, which is as its appearance assisted by function of the system. To clear up this unreasonable social action also need to exert the power of system.
To change the status quo, effectively solve the problem of gender discrimination in employment, government should first play an active role. Government should reduce the differences of characteris
tics to productivity between men and women by formulating forceful policy and legislation against discrimination, especially to ensure that men and women have equal opportunities to get education, which make both x get the same social human capital to invest; configure the proportion of female workers in the various professional labor department reasonably, and provide more development opportunities and space to women; To establish scientific and strict laws to effectively p
rotect women’s equal rights of labor. Socializing the cost of bearing and to give socialized compensation to women's employment, are the most urgent positive measures government need to adopt. The state shall bring the costs of bearing into the social curity system, establish a fund for women’s bearing that compensate this cost, and improve the retirement and old-age insurance system of women workers that provide the equality of men and women’s retirement age. This is the only way to get rid of discrimination against women in employment which also can uphold social justice and social order.
Learn from other countries’ relevant theories and practical experience, author believe that our country should specially emphasis on the specific responsibilities to enhance the operability of the law when construct anti-xual discrimination in employment. When Carrying out specific system design, we need to bad on learning from abroad, Sex Discrimination in Employment Act, to establi
sh legal system of gender discrimination in employment with Chine characteristics.
On the establishment of gender discrimination in employment, the author propos the following specific assumptions:
rumora) Define xual employment discrimination scientifically. Take example by relevant international conventions, this text give gender discrimination in employment the following definition: employment discrimination is legitimate purpo and reason out of legally, and merely bad on gender factor to make a difference for the workers, exclude or give a discount for any measures violating the equal rights and labor rights of vulnerable workers. "Labor rights" shall include but not limited to the rights of employment , rewards , training , rest and vacation, job promotion, social curity rights, and any other laws which are associated with labor rights.
氛围英文>保持联络英文b) Clear the judging criteria of xual employment discrimination. To conscientiously guarantee the equality of women workers’ right to employment, employment discrimination law should be explicitly stipulates that employers will follow the principle of work to choo and evaluate – “job-related qualifications” criteria. That is, require that employers should choo and evaluate staff bad on the job nature, needs and working ability, but not bad on the marginal output of gender factors make a difference treatment. Or it will form employment discrimination.
c) Establish Equal Employment Opportunity Commission as special organization to deal with xual employment discrimination. As an independent supervision organization with the power of administrative law enforcement, it should t up in the Labor and Social Security which above the province level. Government need step in to invite relevant organizations such as trade unions, women's federation of labor, employers’ organizations and experts and scholars. The agency shall perform the functions: propagandize for equal employment; put forward ideas about el
