The Laws Exist, but Justice Doesn’t: Working Females’ Struggle

In 1958, the International Labour Organization passed the Convention on Discrimination in Respect of Employment and Occupation. Since the establishment of the People's Republic of China, China has actively carried out the women's liberation movement, vigorously advocating equal pay for equal work for men and women, and striving for equal employment opportunities for women. In such a social environment, the social and family status of women has significantly improved, and more and more women are active in the workplace, achieving remarkable achievements. However, even in this era, gender discrimination in employment still persists and is particularly severe among professional women. In reality, the salary of pregnant women has been reduced to 1500 yuan, making it difficult to maintain basic living expenses; Frequent incidents of employees being maliciously reassigned and forced to resign are like the tip of an iceberg, reflecting the systemic discrimination against women in the workplace. Although Chinese labor laws explicitly prohibit the dismissal of women due to pregnancy, and labor unions actively urge employers to avoid asking about women's marital and reproductive status during recruitment, companies continue to explore and exploit legal loopholes to avoid legal responsibilities. They deliberately avoid hiring women under the age of 30 to avoid the cost of maternity leave or implement measures such as salary cuts and job transfers for pregnant women, which puts women in a dilemma between career development and motherhood. This discriminatory phenomenon directly leads to women struggling in the labor market. During the recruitment process, many units exhibit exclusionary behavior towards women, resulting in lower employment rates for women, difficulties in re-employment after being laid off, and a much higher unemployment rate than men. To effectively improve this situation, this article proposes a series of targeted policy recommendations. By increasing the financial penalties for illegal enterprises and raising their illegal costs; Establishing an open and transparent public register of violations of labor rights, and using public opinion supervision to constrain corporate behavior; Strictly implementing anti-discrimination recruitment policies and eliminating employment discrimination from the source. If these reforms are not implemented in a timely manner, professional women will continue to be forced to make difficult choices between family and survival. Only by taking concrete actions can legal justice be truly achieved and professional women be treated fairly and justly in the workplace.

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Publication Details

Journal
Advances in Education Humanities and Social Science Research
Published
2025-07-26
DOI
https://doi.org/10.56028/aehssr.14.1.556.2025
Primary Topic
Discrimination and Equality Law
Type
article
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article

The Laws Exist, but Justice Doesn’t: Working Females’ Struggle

Mei Han
Advances in Education Humanities and Social Science Research
Discrimination and Equality Law
article

The Laws Exist, but Justice Doesn’t: Working Females’ Struggle

Mei Han
article en

Abstract

In 1958, the International Labour Organization passed the Convention on Discrimination in Respect of Employment and Occupation. Since the establishment of the People's Republic of China, China has actively carried out the women's liberation movement, vigorously advocating equal pay for equal work for men and women, and striving for equal employment opportunities for women. In such a social environment, the social and family status of women has significantly improved, and more and more women are active in the workplace, achieving remarkable achievements. However, even in this era, gender discrimination in employment still persists and is particularly severe among professional women. In reality, the salary of pregnant women has been reduced to 1500 yuan, making it difficult to maintain basic living expenses; Frequent incidents of employees being maliciously reassigned and forced to resign are like the tip of an iceberg, reflecting the systemic discrimination against women in the workplace. Although Chinese labor laws explicitly prohibit the dismissal of women due to pregnancy, and labor unions actively urge employers to avoid asking about women's marital and reproductive status during recruitment, companies continue to explore and exploit legal loopholes to avoid legal responsibilities. They deliberately avoid hiring women under the age of 30 to avoid the cost of maternity leave or implement measures such as salary cuts and job transfers for pregnant women, which puts women in a dilemma between career development and motherhood. This discriminatory phenomenon directly leads to women struggling in the labor market. During the recruitment process, many units exhibit exclusionary behavior towards women, resulting in lower employment rates for women, difficulties in re-employment after being laid off, and a much higher unemployment rate than men. To effectively improve this situation, this article proposes a series of targeted policy recommendations. By increasing the financial penalties for illegal enterprises and raising their illegal costs; Establishing an open and transparent public register of violations of labor rights, and using public opinion supervision to constrain corporate behavior; Strictly implementing anti-discrimination recruitment policies and eliminating employment discrimination from the source. If these reforms are not implemented in a timely manner, professional women will continue to be forced to make difficult choices between family and survival. Only by taking concrete actions can legal justice be truly achieved and professional women be treated fairly and justly in the workplace.

Advances in Education Humanities and Social Science ResearchVol. 14(1)
Jingdong (China) (CN)
Openalex Percentile: Top 69%
Discrimination and Equality Law
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