论多胎生育政策下妇女劳动权的法律保障

On the Legal Protection of Women’s Labor Rights under the Policy of Multiple Childhood

摘要: 计划生育政策是我国的一项基本国策，其内容也随着国情的变化而不断变化。从独生子女政策到后来的多胎生育政策，不断变化的生育政策对妇女劳动权的法律保障带来了巨大的挑战。妇女劳动权的实现面临着诸如就业歧视更甚、福利待遇难以保障、就业机会和职业发展受阻等新困难。究其原因，主要有现行反就业歧视法律欠缺操作性、生育周期延长影响妇女就业竞争力、法律意识淡薄致使妇女缺乏维权的动力、用人单位基于人力成本的考量。加强多胎生育政策下妇女劳动权的法律保障，要完善反就业歧视的法律规则，推进男性陪产假制度，给予用人单位相应的补贴或税收优惠，同时，增强妇女维护劳动权的法律意识。

Abstract: Family planning policy is a basic national policy in China, and its content is constantly changing with the changes of national conditions. From the one-child policy to the subsequent multiple birth policy, the changing birth policy has brought great challenges to the legal protection of women’s labor rights. The realization of women’s labor rights faces new difficulties, such as more discrimination in employment, difficult protection of welfare benefits, obstruction of employment opportunities and career development. The main reasons are the lack of operability of the current anti employment discrimination law, the extension of the birth cycle affecting women’s employment competitiveness, the lack of legal awareness resulting in women’s lack of motivation to protect their rights, and the consideration of employers based on human cost. To strengthen the legal protection of women’s labor rights under the multiple birth policy, we should improve the legal rules against employment discrimination, promote the male paternity leave system, give employers corresponding subsidies or tax incentives, and enhance women’s legal awareness of safeguarding labor rights.