女性就业保护政策亟待完善

Policy of Protecting Women's Employment Needs Improving

中国法律对孕期、产期和哺乳期的在职女工实行就业保障,规定用人单位不能在"三期"解雇女工,但对正在寻找工作的求职女性的同类保护还基本上是一个空白。我国女性就业保障法规要不要明确限制用人单位对求职女性进行婚孕调查,要不要明确规定用人单位不能因为怀孕而拒收求职女性?笔者的回答是肯定的。第一,用人单位排斥求职孕妇应该被界定为性别歧视;第二,用人单位应该为孕妇分担生育责任,这应该是企业社会责任的一部分,政府也有义不容辞的责任,甚至应该比企业责任更大;第三,保障生育妇女的立法精神要前后统一,只有具体规定"不能以怀孕为由拒绝录用妇女",才能使我国女性就业保障的立法精神在就业入口处与就业过程中前后统一,达到男女公平就业的目标。否则,我国现有法律所宣称的对怀孕、生育和哺乳女性的就业保护就显得不够真诚,这对女性是不公平的。

According to Chinese law, employed women in the period of pregnancy, childbirth and lactation cannot be fired by employers, but similar protections for women currently seeking-employment are non-existent. The author believes that it is necessary to explicitly impose restrictions on employers, stopping them from asking job-seeking women questions about marital status or pregnancy. In addition, employers should be barred from passing over a female candidate because she is pregnant. The specific opinions are as follows： first, employer rejection of pregnant job-seekers should be defined as gender discrimination. Second, employers should take on a certain amount of social responsibility for pregnant workers. Additionally, the government should also consider it a duty to support pregnant workers, and this responsibility should be greater than that held by enterprises with pregnant staff members. Third, the legislation regarding the protection of pregnant women should be unified. With the stipulation that ＇ it is forbidden to use pregnancy as an excuse to refuse a job offer to a female candidate＇, in order to realize the aim of employment equality between men and women. Otherwise, the existing laws of China aimed at protecting working women in the period of pregnancy, childbirth and lactation can be considered hollow and insincere, unfair to women. making the situation palpably unfair to women.