The Legal System of the Maternity and Parenting Leave Under the Background of China’s “Three-Child” Policy: From the Perspective of the Right to Equal Employment

Guo Tian ()
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Guo Tian: China University of Political Science and Law, Civil, Commercial and Economic Law School

A chapter in Proceedings of the 10th International Conference on Business, Accounting, Finance and Economics (BAFE 2022), 2023, pp 369-389 from Springer

Abstract: Abstract After the promulgation of China’s “three-child” policy, the extension of the duration of maternity leave in various provinces has increased employers’ hiring costs of female workers. As a result, the phenomenon of discrimination in female employment has become increasingly serious. Maternity leave is closely related to the realization of the right to equal employment. The uneven distribution of maternity leave, paternity leave and parental leave is one of the fundamental triggers for employment discrimination. The exercise of male reproductive rights and family responsibilities also affect employment equality, so it is imperative to improve China’s legal system for maternity leave. With the aim of increasing China’s childbirth rate and ensuring the realization of workers’ right to equal employment, the nature and duration of maternity leave should be uniformly stipulated, mandatory leave should be established, and flexible use of leave should be supplemented.

Keywords: Three-child policy; Employment discrimination; Equal employment; Maternity leave; Mandatory leave (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:advbcp:978-2-494069-99-2_28

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DOI: 10.2991/978-2-494069-99-2_28

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