Married and pregnant, do you not discuss it?

Reading prompt

Water or not became a difficult threshold for women to enter the workplace. Some of them were forced to reduce salary and relegate, and some were unilaterally lifted the labor contract for unilateral reasons.When fertility is ignored, equal employment rights are infringed, some people choose to bear silently, and some people pick up legal weapons to "fight" to defend their legitimate rights and interests.

"Don’t give birth to children when you come to work, this is the most basic requirement."

"Pregnancy means that you are no longer worthy of your own job. I hope you resign."

Nympho

These incredible remarks came from the real encounters of some women in the workplace during the marriage and childbirth. Some of them were forced to cut salary and relegate, and some were unilaterally lifted the labor contract for various reasons.

In recent years, the topic of professional security for female employees has attracted much attention.During the interview, the reporter found that marriage or pregnancy became a difficult threshold for women to enter the workplace. Women in the workplace are also trembling and suffering in the issue of marriage and childbearing.When fertility is ignored, equal employment rights are infringed, some people choose to bear silently, and some people pick up legal weapons to "fight" to defend their legitimate rights and interests.

Due to marriage due to marriage

"Obviously being treated with injustice, but a unreasonable end …" From the application for labor arbitration to the pair of pairs, Wei Li (pseudonym) was still defeated. Even if he was unwilling, he could only choose to accept.

In 2016, Wei Li joined a company as a senior manager of the risk management department. She had a fixed labor contract for 3 years. She entered the post very smoothly. Until December 2017, she changed everything after she was pregnant.In the first month of pregnancy, the company made a decision to reduce salary reduction and relegation on the results of comprehensive assessment.In the fifth month after Wei Li’s production, the company signed an agreement to terminate the labor relationship. Although she paid the corresponding compensation, Wei Li still felt wronged.

A series of encounters made Wei Liru in her throat, and she sought legal protection on the grounds that the company illegally lifted the labor contract of pregnant female employees and violated their equal employment rights.Wei Li said that in her daily work after her pregnancy, she experienced various suppression and persecution of public names such as criticism, evaluation, background investigation threats, and slander of reputation;All helpless moves.

In 2021, the court referee believes that the termination of the labor contract for employers is the result of the consistent negotiation between the two parties, and the public naming criticism and salary reduction and downgrade are not in the category of employment discrimination.

"This result is not surprising at all." From the perspective of Wang Bei, a professor at the Law School of Sichuan University, although Wei Li advocated the employer because of the discrimination against the "third phase" female employees, forcing himRegarding the allegations of employment discrimination, but these are difficult to prove that "the case that cannot be verified and the resignation agreement is forced, the court can only recognize its authenticity."

Valid evidence is the key to rights protection

If Wei Li’s discrimination during his duties is still hidden in the dark, Li Jing (pseudonym )’s workplace experience is a bright "hegemony".

In 2011, 27 -year -old Li Jing ushered in a major turning period in life -career development and marriage and childbirth arrived in the same year: January, became the legal couple with her love boyfriend;Successfully transferred, the contract period was 3 years; in December, confirming that there was pregnancy, with the crystallization of love … All this seemed beautiful, but made Li Jing’s dilemma in the workplace career.

"After pregnancy, the company tried to adjust my salary to me for various reasons, and even hoped that I would take the initiative to resign." Li Jing said that at the time, I cherished the job and worked hard to communicate, hoping to stay in the original position.I never thought that the company sent her a removal notice on the grounds that "Li Jing’s job request was unmarried and obtained a bachelor’s degree or above in computer -related majors, but he was obviously married but checked the ‘unmarried’ when applying for registration.Reading for adults, but filling in the ‘undergraduate’ in the academic qualification column, constitutes fraud. "

Li Jing believed that the company unilaterally lifted the labor relationship with employment discrimination. After the arbitration was unsuccessful, he appealed to the court, and submitted a network chat record that the applicant registration form, the removal notice and negotiating with the company’s personnel department.According to the judgment, the court believes that although Li Jing has concealed the real marriage, it is not the substantial element of the positions they engaged in, and it has no connection between the establishment and performance of the labor relationship between the two parties.Although it has not officially obtained a degree, the bachelor’s degree is true and effective. Therefore, the company unilaterally lift the labor relationship is illegal, and Li Jing continues to perform the demand for labor contracts to be supported.

"The core key to the results of the left and right cases is undoubtedly evidence." Wang Bei told reporters that with the gradual improvement of relevant national policies and regulations, the explicit discrimination of employers in the marriage status of the workers is rare, and the fact that women in the workplace are subject to restraint in reality.The needs of work, even if they are discriminated against and differentiated at work, are rare cases that resort to law. Therefore, whether it is Wei Li’s defeat or Li Jing’s victory, it has important reference significance.In addition, she also reminded the workers to achieve a gentle and low -cost way by complaining to the labor supervision department, the help of the women’s federation, trade union and other organizations, etc., and can also achieve the effect of rights protection.

The more protected, the more weak the more discrimination?

In 2017, Zhilian Recruitment launched a survey of the current status and development issues of women’s career in China. Data statistics for several years showed that "women’s employment gender discrimination is more serious" "women’s overall salary is lower than men", "marriage and childbirth are regarded as occupations by women as occupations as occupations.The main bottleneck of development "" Women’s promotion channels are still narrow "as the most prominent problem reflected by the respondents. In the latest report released in March this year, 62.3%of women believe that" fertility is a burden that women cannot get rid of. "

The employer cannot reject women on the grounds of gender or improving the standards for recruitment of women. It is not allowed to limit the marriage and fertility of female employees … In recent years, in order to ensure the equal employment rights of women, the state has emphasized and improved in a series of policies and regulations.All localities are also guided in combination with specific actual conditions.So loudly, some women in the workplace had no choice but to make a sigh of "more protection, the more weak the more discrimination,".

"The second child and three babies are liberalized, and the policy of encouraging fertility such as extension of maternity leave, and the employment threshold of women is obviously raised again …" He Li’s demand for enterprises for employment in the human resources company for more than ten years has been raised again.With high keen perception, "Most companies are equivalent to the risk painting of women and ‘high -cost raising people, low labor output’, and some of them may not be enough to load too much to marry and nurture women’s manpower.Cost, so I simply do not recruit women. "

"In addition to laws and regulations, promoting gender equality requires a comprehensive support of the social system." Wang Bei called on the state to establish a social sharing mechanism for fertility costs, such as improving social services such as fertility, childcare, education, medical care, and pension.Meet the reasonable needs of corporate labor cost control through strategic compensation, tax discounts, etc.At the same time, she also proposed that measures such as the construction of family -friendly workplace and the construction of a social society in family friendship can help transform social concepts, enhance social tolerance, and eliminate professional gender discrimination.

Reporter Li Na

Source: Workers Daily

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