Principles for protecting female workers according to labor law
1. What are the laws protecting female workers:
Currently, the concept of labor law protecting female workers has not been officially defined. Many opinions of domestic and foreign scholars often focus on evaluating the protection of specific rights of female workers. A few researchers look at the law on protecting female workers from the perspective of analyzing and evaluating specific regulations. Law in general is the totality of rules of conduct, legal principles, legal frameworks, legal documents and existing legal doctrines, etc. that are generally mandatory and are set for the purpose of governing and regulating relationships in society. Accordingly, the labor law on the protection of female workers sets out regulations to regulate and solve the specific problems of this group of people and appropriate mechanisms and policies towards gender equality and protection. Protecting female workers in the labor sector.
Based on the analysis, it can be concluded that:“Labor law on the protection of female workers is a collection of legal norms in labor relations promulgated by competent state agencies to regulate relationships arising in the process of recognition, protection, and ensure the rights of female workers".
From the above concept we can see that the Labor Law on protecting female workers includes main features such as:
– Is an interdisciplinary field of law of the national legal system;
– Associated with recognizing, protecting, and ensuring the implementation of the rights of female workers as well as the responsibilities of the state and community in ensuring the implementation of these rights for female workers.
2. Basic principles governing labor laws to protect female workers:
The basic principles of labor law on the protection of female workers are the guiding principles and ideas that are thorough and throughout the entire system of labor law regulations on female workers. Its content represents each country's guidelines and policies in the field of labor. Previously, there were some opinions that: The basic principle of labor law on protecting female workers is the principle of protecting female workers because they are weak and vulnerable subjects in society. festival. However, today, as society increasingly develops and women's role is increasingly proven and recognized, that viewpoint no longer seems to be appropriate. Therefore, the current law on female labor has the following basic principles:
2.1. Principle of non-discrimination between female and male employees in labor relations
This is considered an important principle to evaluate the development of a society and a country. It is both a goal of development and a factor in enhancing women's ability to contribute to the stable and sustainable development of a country. Discrimination between female and male workers is understood as discrimination, exclusion or preference based on gender that affects inherent fair rights and protection of employment opportunities. job or occupation of the employee in the enterprise. Accordingly, the principle of non-discrimination between male and female workers is a basic principle in the labor law system to prohibit and eliminate acts and attitudes that discriminate against workers. female workers in labor relations. This principle has created a legal framework to affirm the rights of female workers to be treated fairly and create conditions for them to have the capacity to exercise those rights, contributing to balancing the position of female workers. , ensuring equal competition opportunities in labor issues between both sexes. Therefore, international law and each country have their own regulations for female workers to implement this principle such as non-discrimination in work opportunities, income, environment and conditions. working conditions.
2.2. Principle of gender equality, ensuring gender equality in a practical and comprehensive way
Gender equality in labor means that male and female workers are recognized with equal rights, responsibilities and opportunities when participating in labor relations. This does not mean that men and women are completely equal, but rather that the similarities and differences between them are recognized and respected by the law and by subjects participating in labor. In the field of labor, the issue of gender equality needs to be understood that female and male workers do not necessarily face the same risks and do not necessarily act the same in the same circumstances, because of their differences. about biology related to reproductive function; not gender stereotypes or old stereotypes towards women such as thinking that women are weak. The principle of comprehensive gender equality is expressed in all areas of labor law such as recruitment and employment, wages and income, working hours and rest hours, occupational safety and health, and insurance. social insurance, etc. At the same time, the law also sets out regulations and measures to ensure the principle of promoting gender equality in a practical way. When there is a large gap between male and female workers in terms of position, role, opportunity to develop their labor capacity and enjoy the fruits of their labor, the application of regulations on non-discrimination between While male and female workers may not be able to reduce this gap, each country will have measures to promote gender equality. This measure is implemented for a certain period of time and ends when the goal of gender equality has been achieved or/and when there are sufficient grounds to determine that economic, cultural, and social conditions create The large gap between male and female workers has changed, making it no longer necessary to implement previous measures to promote gender equality. These measures can be tax reduction policies for employers when employing many female workers, flexible work schedules for female workers, maternity benefits specifically applied to female workers, etc. Emphasizing the role of the principle of gender equality and ensuring substantive equality, in the Technical Memorandum of Understanding - Gender Analysis, author Jane Hodges (Gender Expert and International Labor Law) affirmed the correlation relationship between international and domestic legal obligations, gender equality and labor issues, based on international observations of work done on labor issues, based on international observations The world's work on gender issues requires legal attention. Therefore, this principle is an important basis for reducing gender-based inequality, creating a healthy environment for both genders to be treated equally in terms of employment opportunities and to act equally. in all aspects when participating in labor relations. It is an important premise for success in implementing and ensuring human rights in labor issues, contributing to increasing the quality of life of female workers in particular and workers in general, thereby liberating women. and build harmonious and stable labor relations to promote economic growth.
2.3. The principle of ensuring the rights and interests of female workers is consistent with the unique physiological characteristics of female workers
This is a principle not only related to all aspects of female workers' lives but also related to many provisions of labor law. It is always associated with social fields such as employment, income and life, etc.; associated with technical factors such as technological processes, labor environmental hygiene, labor safety,... and associated with a woman's vocation as a wife and mother. Therefore, good implementation of this principle will ensure consistency in the regulation of the law, especially compliance with the general principle - protecting workers in labor law. The content of the principle is expressed in specific regulations for female workers such as rest time during the menstrual cycle, childbirth and child care, or insurance policies and benefits to support labor. female labor during childbirth and regulations on dangerous and toxic occupations that affect the reproductive health of female workers.
Theoretically, the basis for determining the above three principles comes from the unique characteristics of female workers. Compared with men, the difference is quite large in terms of physical strength as well as physiology and health, so during the process of participating in work, female workers are more likely to suffer from occupational diseases, especially those who work. with toxic and dangerous environments. Therefore, the law will set conditions when choosing jobs for female workers in these fields. At the same time, job instability is also higher than that of male workers because female workers have to take on the role of mother, female workers have to take time off work for a certain period of time to give birth or take care of children... This causes disruptions in the working process, so employers often feel "afraid" when using female workers, thereby making it easy for unfair treatment of female workers to occur during the recruitment and employment process. employers to force them to accept such treatment during the working process. With unique social characteristics and remaining shortcomings, it hinders female workers in the process of liberating themselves and their ability to contribute to businesses and society. This is also an important theoretical basis for countries around the world to build labor laws according to the principles of non-discrimination, substantive equality and ensuring the rights and interests of female workers in accordance with their special needs. their own points.