The newly revised Women’s Rights Protection Law shall prohibit the prohibition of employment gender discrimination, clarify that the employer violates the rules and refuses to correct or the circumstances is serious, and shall be fined 10,000 yuan and 50,000 yuan.So how many models should be fined?What is the benchmark for administrative tailoring?
Recently, the "Beijing Municipal Human Resources and Social Security Tailor Standards Film (involved in the Law of Women’s Rights Protection)" issued by Beijing issued specific provisions, such as the employer to terminate the labor (hiring in the pregnancy of female employees and enjoying maternity leave according to law (employment (employment (hiring) The contract will be fined more than 30,000 yuan to 50,000 yuan when the employee’s difficulties are difficult.
The newly repaired Women’s Rights Protection Law stipulates that the maximum penalty for women will refuse women on the grounds of gender
In 2022, the newly revised Women’s Rights Protection Law made prohibition of discrimination of employment gender discrimination. It is clear that in terms of promotion, promotion, evaluation of professional and technical titles, positions, training, etc., the principle of equality between men and women shall not discriminate against women.Gender discrimination in the process of recruitment, admission, promotion, and dismissal is included in the scope of labor security supervision.
Article 43 of the "Protection Law of the People’s Republic of China" stipulates that in the process of recruitment (employment), the employer shall not refuse to use the country as a reason for the gender (employment) to use women or to differentiates on the grounds of gender.Improve standards for women’s records (employment).
Article 48 There are three paragraphs in total, which stipulates that the employer shall not reduce the salary and benefits of female employees due to marriage, pregnancy, maternity leave, and breastfeeding.Farewell to dismiss female employees and unilaterally lift the labor (employment) contract or service agreement.When the female employees are pregnant and enjoying maternity leave according to law, the labor (employment) contract or service agreement expires, and the term of the labor (employment) contract or service agreement will automatically continue until the end of maternity leave.When the employer executes the national retirement system, it shall not discriminate against women on the grounds of gender.
So, what legal liabilities need to be assumed in violation of these regulations?
The reporter noticed that the provisions of the legal liabilities required for women’s labor and social security rights in the women’s rights and interests revised in 2018 are relatively vague: "infringement of women’s cultural and educational rights, labor and social security rights, personal and property rights, and property rights and interests.For the rights and interests of the marriage and family, the unit, the competent authority, or the superior organs shall be ordered to make corrections. "
The Law of the Women’s Rights Rights Protection Law in 2022 more specifically stipulates: "If the employer violates the provisions of Article 43 and 48 of the Law, the human resources and social security department shall order correction;In severe cases, a fine of more than 10,000 yuan and less than 50,000 yuan. "
What are serious violations?What is the lower limit of fines?Beijing makes specific regulations
It is understood that in order to implement the "Protection Law of the Women’s Rights and Interests of the People’s Republic of China", protect women’s labor and social security rights, eliminate employment gender discrimination, regulate the administrative punishment of human resources and social security, Beijing has issued the "Beijing Human Resources and Social Security Tailor Code on the Standards Table(Part of the Women’s Rights Protection Law) ".
The reporter found that the acting of this tailoring is mainly targeted at Article 43 and 48 of the "Women’s Rights Protection Law of the People’s Republic of China".Whether it affects the health of women’s employment life, etc., whether it has caused bad social impact, etc. to determine the standard of discretion in administrative penalties.What are the fines for the punishment, have a clear basis.
The reporter compared to the "Protection Law of the Women’s Rights and Interests of the People’s Republic of China" stipulated that the employer violates the rules and refuses to correct it or the circumstances are serious, and a fine of 10,000 yuan and 50,000 yuan is imposed.The illegal acts are divided into general and serious categories, and the illegal acts of both categories will be fined. The lower limit of the fine is different.The upper limit is 50,000 yuan, which is consistent with the provisions of the Women’s Rights Protection Law.At the same time, different categories of illegal acts have a penalty period for punishment, and there are different periods of time.
There is no serious harm of illegal acts, but the general category involved in more than 5 people involves a fine of more than 10,000 yuan to 50,000 yuan. Each person increases a fine of 2,000 yuan for each person, and the period of punishment is 3 months.If it is ordered to correct the rejection within a time limit, it is also a general category. According to the number of illegal acts involved more than 10,000 yuan to 50,000 yuan, a fine of 5,000 yuan is increased for each increase, and the period of punishment is 3 months.
Affecting the employment of workers, causing difficulties in employees, affecting employees’ physical health, causing other adverse effects or consequences, more than twice before the date of inspection violations of the same law, all are serious illegal acts.For more than 10,000 yuan, the penalty period is 12 months.
For example, when employers are pregnant and enjoying maternity leave in accordance with the law, the employer will terminate the labor (employment) contract or service agreement. If there is a serious situation in the difficulties of employees or affect the physical health of the employees, it will be 30,000 yuan to 50,000 yuan.fine.
In addition, what are the affected employment of workers, affecting employees’ lives, health or other adverse effects or consequences?The reporter learned from the policy interpretation of the Beijing Human Resources and Social Security Bureau that this is the statement of the benchmark form on the benchmark form of serious illegal acts.The substantial damage in the area, or the formation of bad social impact consequences such as public opinion, emergencies, etc.
Lawyer: The Women’s Rights Protection Law requires the cooperation implementation of the Human Resources and Social Security Department
Zhang Jing, a lawyer and a lawyer of marriage and household affairs, who dedicated to the protection of women’s rights and interests all year round, said in an interview with reporters that the decision table issued by the Beijing Human Resources and Social Security Bureau this timeEquality and protecting the rights and interests of female employees are very meaningful.
"Previously, there were laws clearly stipulated that recruitment discrimination was prohibited, but there was a lot of resistance in judicial practice. I think an important reason is that there is no connection with the human and social department, because the human and social department is the industry authority of the recruitment unit." Zhang Jing analyzed analysis."The standard table issued by the Beijing Human Resources and Social Security Bureau clarifies the illegal acts and tailoring benchmarks, and also clarifies the period of punishment for publicity.It will be related to the development of an enterprise. "
She gave a high evaluation of this new policy document, thinking that this has increased the supervision of employers, and the gender equality in the workplace will be more guaranteed."Policies and regulations are very good, we are also very concerned about the efforts of implementation."
Zhang Jing believes that the newly revised Women’s Rights Protection Law is stronger than the previous landing, while the Beijing -Human Resources and Social Security Department issued the decision benchmark of the Railing A quantities involving the Women’s Rights Protection Law will be a vane.Policies, further promote the implementation of the women’s rights and interests of the women’s rights and interests, so that the protection of women’s rights and interests is no longer "sleeping law", and truly creates conditions from the legal level to eliminate gender inequality.
"In addition, the law is actually the result of ideology and a result of the result. Now it is promoted to the values of harmonious marriage.Equality, "Zhang Jing said.
Beijing News reporter Ye Hongmei
Editor Liu Qianxian school pair Fu Chunzheng