A few days ago, a company requested that female employees who resigned automatically once they were pregnant automatically attracted attention on social media.The promise letter wrote: "I solemnly promise that once I am pregnant during the work of the company, I will leave the employment automatically and give up the other unit’s economic compensation and relevant legal responsibilities."This promise book is true, but refuses to tell more details because it has not left the job and is not convenient for interviews. "
Lawyer Deng Qianqiu from Beijing Zhongwen Law Firm told Red Star Journalists that such phenomena are not individual, and the hidden fertility discrimination of some companies has actually been banned.
In 2019, according to a number of media reports, a university informed the incident of "female employees who were not reported to be punished for pregnancy" and caused heated discussions.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 be pregnant, have a queue for giving birth, and closing pregnancy may be dismissed" 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.
So, where is the root of the corporate fertility discrimination?How can we "rest" for the production discrimination of corporate fertility?Red Star News sorted out labor disputes caused by female employees’ pregnancy, and interviewed a number of experts and lawyers to discuss how to change women’s fertility discrimination in the workplace.
↑ The promise of "Automatic Resignation" that caused heated discussions on social media
▶▶▶ Is the promise letter of the "Pregnancy" is valid?
Lawyer: It is invalid clause by being forced to sign a commitment to sign a commitment
Deng Qianqiu told the Red Star Journalist that if this commitment violates the true meaning of the workers, it is signed by the workers in order to keep their work and be helpless, and "according to the" Labor Contract Law of the People’s Republic of China on the Labor Contract Law of the People’s Republic of ChinaThe provisions 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 such a commitment, how should female employees defend their rights?
Wei Junling told Red Star News reporters that if he was forced to leave after pregnancy, he needed rights protection, and labor arbitration could be performed; if he planned to refuse to sign a commitment, you would protect your rights at the moment, and you need to use recording and other methodsThe threat intention of dismissal.
Deng Qianqiu told the Red Star Journalist that when the company requested the signing of the 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.
Salary and use various means after pregnancy are forced to leave.
▶▶▶ Labor dispute caused by pregnancy occurs from time to time
Not only the employee of the company is damaged
Red Star News reporters found that they appeared when they were in a labor dispute due to pregnancy.According to incomplete retrieval, 4620 was involved in the 766,940 labor arbitration on the referee document network; in 329,9840 labor disputes, 10392 was involved in "pregnancy".
Taking 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 companyIt is determined that it cannot be competent in the original position and transfer it 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.
However, it is worth noting that in these labor disputes, workers are not absolutely weak, and they often occur in corporate rights and interests.
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 reporters that in labor disputes caused by pregnancy and fertility, companies often face the problem of damage to interests, "can only eat dumb losses."
↑ On August 17, the National Committee of Health and Health held a press conference. Liu Juan, deputy director of the Deputy Division of the National Medical Insurance Bureau’s Deputy Division, introduced the "Guiding Opinions on Further Importing and Implementing Active Fertility Support Measures".Picture according to visual China
▶ ▶▶ How to break corporate fertility discrimination?
Multi -party joint efforts to build a positive fertility support system
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 Red Star reporters that the protection of women’s rights and interests in labor law has increased the economic cost of employment of enterprises.Women’s 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.
Red Star reporter Wu Yang Intern reporter Wang Chenyuan Beijing reported
Edit Guo Zhuang
(Download Red Star News, there are prizes in reporting!)