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      指導英國termpaper:淺談女性員工保護法規

      論文價格: 免費 時間:2020-09-15 14:50:03 來源:www.ourpropertyvalue.com 作者:留學作業網

      1.1 Introduction介紹

      在英國,90%的女工遭受過性騷擾。這不是一個不切實際和夸大的數據。這確實反映了女職工處于危險境地。同時,歐盟指出,總體而言,西歐男性的每小時收入比女性高出約16%,全球近70%的女性員工沒有休產假。這些都說明女職工的權利得不到有效的保護。在這種情況下,勞動法可能是一個很好的辦法,以拯救婦女從一個糟糕的工作情況。本文將從女工在工作場所的狀況和西歐有關女性性騷擾的勞動法兩個方面對女性性騷擾進行詳細的闡釋。此外,它還將描述男女工人之間的工資不平等。此外,西歐產假的現象、影響和法律都將得到準確的借鑒。許多人都知道婦女在工作中處于不利地位。她們面臨著性騷擾、工資不平等、帶薪產假等問題。因此,通過建立女性員工的勞動法規來保護女性員工是至關重要的。本研究的主要目的是說明有關女工的勞動法在西歐女職工中所起的重要作用。

      In the UK, 90 percent of female workers had suffered sexual harassment (Bajema & Timmerman 1998). This is not an unrealistic and exaggerated data. It does reflect that women employees are in dangerous situation. Meanwhile, European Union (2014) pointed out that men earn about 16 Percent more per hour than women in western Europe in general and almost 70% women workers did not have maternity leave in the world (Fallona, Mazarb & Swissc, 2017). These all show that women employees’ right are not effectively protected. Under these circumstances, labor law may be a good way to save woman from a bad job situation.The essay will explain in detail the women sexual harassment from the phenomenon of women employees’ condition in work place and the labor law about female sexual harassment in western Europe. In addition, it will also describe the wage inequality between male and female workers. Furthermore, the phenomenon, the effects and the law about maternity leave in western Europe all will be referred precisely.  It is known to many that women are at a disadvantage at work. They face the issues about sexual harassment, wage inequality, paid maternity leave. Therefore, it is vital to protect female employees by building workforce regulation for them. The main purpose of this research paper is to show that labor laws about female workers play an important role in female staff in western Europe.
       

      1.2 Workforce regulation on sexual harassment in the workplace關于工作場所性騷擾的勞動法規

      1.2.1 The situation of female employees suffering from sexual harassment in the workplace女員工在工作場所遭受性騷擾的情況
       
      女性員工類型和比例
      Figure1. The type and proportion of female employees suffering from sexual harassment (Cela, A 2015)遭受性騷擾的女性員工的類型和比例

      圖1以五個歐洲國家為例,將性騷擾分為三種主要類型。提到奧地利、德國、盧森堡、瑞士和聯合王國。言語性騷擾包括性笑話、關于身材的評論、要求性交和性侵犯。非語言性騷擾包括凝視、吹口哨、打手勢和暗示性手勢。身體性騷擾是最嚴重的流氓行為,包括主動身體接觸、觸摸身體部位、強行親吻或擁抱以及性侵犯。相比之下,奧地利、德國、瑞士和英國關于性騷擾言論的比例都在55%左右,盧森堡只有23%的低點。奧地利、盧森堡、瑞士和英國在凝視和吹口哨方面的比例幾乎相似,在48%到68%之間,但在德國達到了84%。在德國和瑞士,身體接觸的比例接近70%,而且性騷擾的發生率顯然很高。盡管性侵犯率只有1%-3%,但在歐洲,超過一半的人遭受過語言和非語言性騷擾。在盧森堡和英國,口頭性騷擾和非語言性騷擾的比例都在50%以上,這意味著西歐的工作場所騷擾非常嚴重。

      Figure 1 used five European countries as examples and divided sexual harassment into three main types. Austria, Germany, Luxembourg, Switzerland and the United Kingdom are mentioned. Verbal sexual harassment contains sexual jokes, remarks about figure, asking for sexual intercourse and advances. The nonverbal sexual harassment includes staring, whistling, pin-ups and suggestive gestures. Physical sexual harassment is the most serious hooliganism, including unsolicited physical contact, touching body parts, forced kisses or hugs and sexual assault. Compare with the verbal sexual harassment rate of remarks about figure in Austria, Germany, Switzerland and the United Kingdom were around 55%, Luxembourg only had a low point of 23%. Austria, Luxembourg, Switzerland and the United Kingdom have nearly similar percentages between 48% and 68% about staring and whistling, but it reached 84% in Germany. In Germany and Switzerland, the percentage of physical contact was almost 70%, and it is obviously a high rate about sexual harassment. Although sexual assault rate only 1%-3%, more than half of people had suffered verbal and nonverbal sexual harassment in Europe. In Luxembourg and the United Kingdom, the percentage of Verbal sexual harassment and nonverbal sexual harassment are more than 50%, which means that workplace harassment in western Europe is very serious.

      In western Europe, about 66% female employees have admitted that they had been harassed by their superiors (Timmerman et al. 1998). Cela (2015) explain that sexual harassment in the workplace includes one-time harassment and multiple sexual harassment. Women are more likely to be harassed. If the offender is the manager of a female victim, the offender may use their right to threaten them by controlling the performance evaluation and work incentives of the female staff.

      1.2.2 The labor law of workplace sexual harassment

      In France, the 1992 general principles of criminal law clearly stipulate that sexual harassment is an immoral behavior including threat, impose restrictions and pressure (Cela 2015). Law on modernization of society orientation and the abuse of power relations pointed out that the victim can directly call the perpetrator of sexual harassment in court correction in. Under the labor code, the harasser may stay in prison for one year and may be fined 3750 Euros, Cela (2015) described.
      Timmerman et al. (1998) emphasized that the German employee protection act, which explicitly defines workplace sexual harassment as ‘any intentional directed behavior, violation the dignity employees in the workplace.’ In the criminal law, there are provisions, when the parties hurt by sexual contact or speech, sexual jokes or insults, or pornographic images, Sexual harassment person must be punished accordingly. At the same time, the labor court will be based on the degree of sexual harassment to order the employer to compensate the employee, Cela (2015) mentioned.
      Cela (2015) explained that criminal law and civil law are not obviously mentioned the sexual harassment in the workplace in Italy. Nonetheless, Cela (2015) claimed that if the staff is subjected to moral indecent harassment or coercion, they can complain to the competent authorities.
      In the United Kingdom, the sex discrimination act requires to protect the person who has been harassed, and the harassing person must pay compensation to the complainant (Cela 2015).

      1.3 Workforce regulation on gender wage gap

       Workforce
      Figure 2. The percentage of gender pay gap in western Europe in 2010 (European Union 2014)

      Figure 2 shows the percentage of the gender wage gap in western Europe in 2010. There are seven countries, including Luxembourg, Belgium, Ireland, France, Britain, Holland and Monaco. Luxembourg's gender wage gap was the smallest in several countries, and its percentage was only 8.6% in 2010. Nevertheless, the wage gap between men and women reached 53% In Monaco in 2010. In the rest of the country, the gender wage gap was between 10% and 20.5%. The average percentage of gender wage gap in western Europe was about 20%. According to this table, gender wage differentials exist in all Western European countries, and Monaco faced the most serious wage differentials in western Europe in 2010. The severe imbalance in the proportion of men and women in Monaco may be the cause of this problem.
      In many Western European countries, the status of men is considered higher than women, and that is an important reason for the existence of wage gap. Gender wage gap makes women earn less money than men, which can lead to a negative impact on women, and it means that women are more likely to suffer from poverty. In 2012, 21.7% of women over the age of 65 were in straitened circumstances, while men accounted for about 16.3% (European Union 2014).
      More and more laws focus on equal pay for men and women. In order not to be punished by law, many countries start to use the law to reduce the gender gap and to implement gender equality and equal pay for equal work in western Europe. Therefore, most employers will take the initiative to allow men and women to obtain the same salary for same work. (Dilts & Samavati 2007).

      1.4 Workforce regulation on the rights of pregnant female employees

       female employees
      Figure 3: The total number of maternity leave and paid maternity leave in five Western European countries (ILO 1997)
       
      Figure 3 shows the total number of maternity leave and the total number of paid maternity leave in five western European countries. France has the longest maternity leave and it is around three years. However, its paid maternity leave only 20 weeks. Belgium has only 28 week's maternity leave and 15 week 's paid maternity leave, and its paid or not paid maternity leave are at a low point in these countries. Britain has the least paid maternity leave of 12weeks. Ireland has the longest paid maternity leave of 22 weeks. According to this table, although some countries in western Europe have a long maternity leave, the paid maternity leave are between 12 and 22 weeks in most countries.#p#分頁標題#e#
      Some women will be dismissed by employers during pregnancy because they believe it will cost them a lot of money to take a paid maternity leave. Dismissing the staff because of pregnancy. Male (due to pregnancy or birth) account for 0.8%, female is 2.5% (Fallona, Mazarb & Swissc, 2017). Fallona et al. (2017) pointed out that some companies implement the system of maternity leave strictly in accordance with state regulations. Thus, these women who working in that firms can enjoy 56 days to one days paid maternity leave, and the percentage of obtaining paid maternity leave benefits is 33.8%. Nevertheless, there are 1.7% of women have no maternity leave (Fallona et al. 2017).
      There are three main benefits of implementing maternity leave law. It can prevent pregnancy female losing their job, improve the financial situation of women, maintain women's labor force, and promote the accumulation of human capital. Moreover, some woman of low education may not be able to afford unpaid maternity leave, and they may need more physical labor to support their financial situation. Therefore, these women and their children are more likely to benefit from paid maternity leave. In addition, Fallona et al. (2017) explained that paid maternity leave not only affects the health of female employees, but also affects the health of children. From 2000 to 2008, when increasing an additional month of paid maternity leave can reduce the mortality rate of 7.9% of each of the 1000 babies (ILO 1997, p.122).

      1.5 Conclusion

      To sum up, in western Europe, the situation of the female sexual harassment in workplace is not optimistic. In addition, the gender wage gap is also great. Furthermore, many female workers do not have paid maternity leave and some women employees lose their job during pregnancy. However, almost all the western European countries are trying to solve this problem by establishing workforce regulation. There is no doubt that labor law can prevent female sexual harassment during working to some extent, reduce the wage gap between male and female, and force employers to offer maternity leave and paid maternity leave to staff who is pregnant. In this case, although the law does not completely solve these problems, it is absolutely useful for female workers. These issues have been clearly defined in the labor law in most Western European countries. As a result, defining female sexual harassment in workplace, gender wage gap and maternity leave specifically and formulating the corresponding punishment for different situations may have a positive effect on these problems.

      Reference
      Bajema, CW & Timmerman, MC 1998, Sexual harassment in the workplace in the European Union,viewed on 25th April 2017,
      <http://www.un.org/womenwatch/osagi/pdf/shworkpl.pdf>
       
      Cela, A 2015, Sexual Harassment at Work: A European Experience, viewed on 25th April 2017,
      <http://iipccl.org/wp-content/uploads/2015/03/Ajbals-80-91.pdf>
       
      Convention on the elimination of all forms of discrimination against women 1979, Convention on the elimination of all forms of discrimination against women, viewed on 25th April 2017,
      <http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm>
       
      Employment Protection Act 1975, Employment Protection Act, viewed on 25th April 2017,
      <http://www.legislation.gov.uk/ukpga/1975/71/pdfs/ukpga_19750071_en.pdf>
       
      Frazer, A 2008, ‘reconceiving labour law: the labour market regulation project’, Macquarie Law Journal (2008), Vol. 8, pp21-44
       
      García-Izquierdo, LA, Ramos-Villagrasa, JP & Castaño, MA 2015, e-Recruitment, gender discrimination, and organizational results of listed companies on the Spanish Stock Exchange, viewed on 25th April 2017,
      <http://www.sciencedirect.com/science/article/pii/S1576596215000419>

      Monthly Labor Review 1920, ‘Bureau of Labor Statistics’, U.S. Department of Labor, Vol. 10, No. 2, pp. 235-246
       
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