Source: Liaoshen Evening News
The company requires that once pregnancy is automatically resigned,
Today, this topic is on Weibo hot search
Reading has reached 580 million
A few days ago,
One who requires female employees to leave automatically once they are pregnant
The company’s exemption commitment has attracted attention in social media.
The promise book wrote:
"I solemnly promise
Once you are pregnant during the company’s work,
I want to leave automatically,
And abandon this unit
Any economic compensation and relevant legal liability."
The reporter contacted the female employee who posted
She must be sure that this promise book is true,
However, because "has not left the job, it is not convenient for interviews"
And refuse to tell more details.
Is the promise letter "Pregnancy" is valid?
Lawyer Deng Qianqiu of Beijing Zhongwen Law Firm: If this commitment violates the true meaning of the workers, it is signed by the laborers in order to keep their work and be helpless.The Regulations of the Republic’s Labor Contract Law are an invalid clause. "
Since it is an invalid clause, what kind of purpose does the company draw up such a commitment?It is not convenient to leave the job yet. Once you leave, you will face labor arbitration or the time and energy consumption of litigation.Under the discrimination of fertility, what is the predicament of female employees?
Attorney Chen Jiawei of Beijing Dayu Law Firm told Red Star Journalists that a legal commitment that was not valid in law was mainly psychological deterrence to employees. In this case, employees and enterprises may "do not understand the law enough to understand the law enough law."" ".Lawyer Wei Junling, who is also in Beijing Dayu Law Firm, told the Red Star Journalist that in practice, many small and micro enterprises have no legal or legal business capabilities.
In the face of fertility discrimination, how to protect their rights?
In the face of such a commitment, how should female employees defend their rights?
Wei Junling said that if you are forced to leave after pregnancy, you need to protect your rights.intention.
Deng Qianqiu told reporters that when the company’s request signed a commitment, the workers were in a weak position.If it is openly opposed, you may lose your job immediately; if you do not oppose, you can only sign this agreement, so you will be in a dilemma.
Common measures taken by enterprises’ fertility discrimination against female employees include:
Block from the entrance -not recruiting appropriate age, unprepared women;
Proposed a pregnancy newspaper system, female employees take turns to have children, and they can get pregnant after approval;
Reduce wages after pregnancy and forced resignation with various means after pregnancy.
Such phenomena are not individual, and some of the hidden fertility discriminations of some companies are actually banned.
In 2019, according to a number of media reports, a university notified that "female employees have not reported to be punished for pregnancy" incident
Cause heated discussion.The report issued by the school mentioned that "the school notification criticized, 6 -month performance salary for 6 months" and "cancel the first evaluation and evaluation of the title" for the university’s female employees."Reports to pregnancy, you have to be born in line, and you may be dismissed when you cut into the line."
Immediately caused heated discussion.According to Xinhua.com, afterwards, the college said on the official Weibo that the relevant departments of the school had insufficient problems in the process of implementing relevant regulations and decided to revoke relevant documents.The three were criticized and deducted for half a year’s performance salary for violating regulations.
Not only the employee of the company is damaged
Red Star News reporter sorted out and discovered
It appeared when she was in a labor dispute due to pregnancy.
According to incomplete retrieval, the referee document network is publicly public
766940 Labor arbitration, 4620 "pregnancy" involved in "pregnancy"
3299840 labor disputes, 10392 "pregnancy" from "pregnancy"
Take a civil judgment made by the Guangdong Higher People’s Court in 2021 as an example.
After the female employee Liu was pregnant, his company arranged for business trips many times. After Liu refused to travel on the grounds of pregnancy, the company determined that he could not be qualified for the original position and transferred him from Shandong to Guangdong.
Liu was unable to accept the major changes in the work place and failed to perform his duties in Guangdong. Then the employer fell into a dispute over the labor contract due to his rejection and absenteeism.
The court was reviewed that the company involved in the case notified that the place of work was adjusted from Shandong to Guangdong during the pregnancy. The adjustment would have a significant impact on Liu’s life. Liu also expressed rejection on this.In the case of not being adjusted and negotiated with Liu’s work place, the company’s labor relationship with Liu was unliked that the company was not overdue, and the lack of legal basis.
But it is worth noting that in these labor disputes
The workers are not absolutely weak,
There are often situations where corporate rights and interests are damaged.
Taking a civil ruling of the Hubei Provincial Higher People’s Court in 2021 as an example, as an example.
From November 13, 2019 to December 9, 2019, a company has published the "Renewal of Labor Contract Renewal Significance Book" to the employee Dong, "Certificate of Characterment Change the Labor Contract Certificate" "An ultimate response did not agree with the post.On December 11, 2019, after the company issued the "Notice of Limiting the Labor Contract" to Dong, Dong signed the notice without leaving objections.However, after the signing notice, Dong verbally informed the company that he was pregnant. The two sides were caught in labor disputes because the two sides were "not allowed to terminate the labor relationship with employees during pregnancy."
In the end, the court determined that the objective situation based on the establishment of a labor contract had changed significantly, which caused the labor contract to be unable to perform. After negotiation with the employer and the workers, it failed to reach an agreement on changing the content of the labor contract and did not constitute an illegal termination of the labor contract.The court made a ruling: It rejected Dong’s request to request the company to pay a retrial application in accordance with Article 87 of the Labor Contract Law of the People’s Republic of China.
Wei Junling told Red Star News reporter,
In labor disputes caused by pregnancy and fertility,
Enterprises often face the problem of damage to interests,
"I can only eat dumb losses."
How can corporate fertility discrimination break?
Deng Qianqiu said that the phenomenon of fertility discrimination of enterprises has a long history, and there is an enterprise’s economic cause behind it. Once encountering female employees’ pregnancy and childbirth, enterprises should pay considerable economic costs for the relevant regulations of labor laws.
"Labor law stipulates that pregnancy employees must not be dismissed, and the protection of women’s rights and interests is immediate. Enterprises must follow, otherwise it will be illegal." Deng Qianqiu summarized this scene as "national petitions, enterprises pay for".Some companies have made different degrees of "escape" behaviors due to economic dynamics, such as refusing to recruit unmarried women.
On August 17, Liu Juan, deputy director of the Division of the National Medical Insurance Bureau’s Treatment Security Department, stated at a press conference organized by the National Health Commission that practice shows that too long maternity leave may bring fertility concerns of professional women, increasing women’s employmentDisclosure, which is not conducive to the fair employment of men and women, and then affects women’s fertility willingness. It is necessary to consider the burden of all parties and the impact of employment, comprehensively impose policies and responsibilities, and jointly build a positive fertility support system.
It is also like Liu Juan pointed out that the maternity leave is too long to become employment discrimination, Deng Qianqiu told reporters that the protection of women’s rights and interests in labor law has increased the economic cost of enterprise employment.Employment difficulties."But it is not realistic to change from ‘government petitions, enterprises to pay order’ to ‘government petitions, government payments’. The government pays a lot of pressure and needs to pay a certain amount of supervision costs." Deng Qianqiu said.At the same time, he believes that what needs to be established is a complete maternity support policy system, with thorough supporting measures.
On August 3, 2021, the article "Chinese Women’s Daily" published the article "Improve the Performance Support System from the Perspective of Women’s Friendship"."Interpretation, thinking that it is an important decision to" implement a couple’s three children’s policy and implement supporting support ", emphasizing reducing the cost of fertility, breeding and educational, and pointing out the system for improving maternity leave and maternity insurance, strengthening taxes, housing, and housing, housing, and housing, and housing, housing, and housing,While education such as education supply support policies, it is particularly required to protect the legitimate rights and interests of women’s employment and promote equal employment of women.
This article says: Based on the thinking of feminine development and fertility support, it proposes the path to reduce the burden on fertility and build a fertility support system, and emphasizes that only by implementing the view of gender equality and women’s friendly perspectives in the construction of fertility support systems, it is expected that fertility is expected to improve fertilityRate.
Yang Fan, a researcher at the Population and Development Research Center of Renmin University of China and the director of the Department of Population, also said in an interview with Red Star Journalists that my country can redesign it on the basis of the existing maternity insurance system to ensure that men and women are accompanied by maternity leave, accompanying maternity leave and parenting. The income level is basically stable during the holiday.At the same time, the scope of protection is expanded, and the payment group needs to be expanded.For example, the economic costs during the childcare leave are borne by the common fund paid by enterprises and individuals, and the government’s degradation and policy orientation will be subsidized at different degrees of subsidies.Yang Fan also specifically proposed that in the current population situation, fertility has surpassed the scope of family affairs, and it is reasonable for individuals, enterprises and governments to bear certain costs.