Research of Legal Issues of Employment Discrimination against Female Migrant Workers

By Shanshan, Fan; Qingzhao, Sun | Cross - Cultural Communication, May 1, 2014 | Go to article overview

Research of Legal Issues of Employment Discrimination against Female Migrant Workers


Shanshan, Fan, Qingzhao, Sun, Cross - Cultural Communication


Abstract

Since the reform and opening policy, the number of Chinese labors has been increasing for over 30 years, of which women labors take up a substantial percentage. Women labors have made great contribution to modernization of socialism, industrialization and urbanization. However, phenomena of employment discriminations to women labors still exist everywhere. Though in Labor Law, Employment Promotion Law many rules stipulate that people should not be kept away from discrimination because of gender or registration, in practice, defects that subjects and responsibilities and so on, are blurry, still confuse us a lot. Therefore, it is necessary to learn from other countries, with an advanced legal system of anti-employment discrimination, our current status need considering fully as well. Only through these can we provide a guarantee of women labor employment in the future, justice of employment order, in order to promote the construction of Socialism.

Key words: Female migrant workers; Employment discrimination

INTRODUCTION

Since the reform and open up, China is experiencing a trend of rural residents entering cities for work. The rural surplus labor transfer to urban area plays a crucial role in accelerating the urban industrialization process. In 2012 the national monitoring survey report on migrant workers showed that the number of migrant workers was almost 262.61 million and stilled increased every year. And the female migrant workers accounted for 33.6%. Female migrant workers are the group who work in the city and whose household registrations are still in rural areas. In addition, the labor income is their main living source. They contribute much to facilitate the development of industrialization and urbanization of city, which is an important element in the process of national modernization. But in fact, the phenomenon of employment discrimination is common and the female migrant workers suffer from different kinds of unequal treatment in employment due to their gender, low level of education and so on. Constitution of China provides that each citizen shall have the right and obligation to work, so labor has double attributes of right and obligation. Employment is the premise and basis of labor, equal employment thus become the basic requirement for the employment right. This right should not be affected by different ethnicity, gender, age, household registration and other factors. However, up to now there are still existing numerous obstacles which prevent the female migrant workers from achieving the equal employment right.

1. CURRENT EMPLOYMENT SITUATIONS OF FEMALE MIGRANT WORKERS

On one hand, female migrant workers are not only women but also rural residents. At the same time, due to the low level of education and other reasons, female migrant workers are not only subjected to sex discrimination in the course of employment, but also face domicile discrimination, education discrimination and other obstacles. On the other hand, employment discrimination against female migrant workers include the discrimination both in job-seeking process and hiring process, sometimes discrimination still exist after the end of the employment relationship. Discrimination in the job-seeking process can be divided into the employer's discrimination and discrimination done by professional intermediaries who are engaged in brokering activities of career. The discrimination is mainly manifested in the following aspects.

1.1 Lack of Employment Opportunities

The Labor Law of the People's Republic of China states that women have the equal right in employment as men. According to the States, employers shall not refuse to employ women on grounds of sex or raise the employment standards for women expect for unsuitable jobs or posts for women When hiring employees. In fact, in the advertisement many employers clearly state that they refuse to hire women or have significant inequalities in the employment requirements for men and women. …

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