Regarding the rights and interests of citizenship such as maternity and leave, the state law stipulates that the "bottom line" must be implemented by relevant responsible subjects.
▲ Data Map: Women during a certain place are undergoing a production inspection.Figure/IC Photo text | Ma Xiaolong
Recently, the incident of "women’s 5 months of pregnancy by the company’s request to resign" have attracted attention.According to media reports, Ms. Wang of Wuhan was pregnant for more than 5 months, and her company suddenly asked her to resign. Ms. Wang said that she was disguised by the company after refusal. She was also removed from the company to chat and stopped social security during pregnancy.What makes her unacceptable is that the company’s maternity leave is only one month.In this regard, the staff of the enterprise involved stated that the company has the company’s regulations that maternity leave mammals can not make people take a few months.
At present, the relevant information still needs to be verified by the authoritative department. However, if it is what Ms. Wang said, the enterprises involved in the incident are suspected of violating relevant laws such as the company’s request for resignation and removing them out of the company’s group chat.
Article 29 of the Labor Law clearly stipulates that if female employees shall not terminate the labor contract during pregnancy, maternity leave, and breastfeeding.The "Women’s Rights Protection Law" also stipulates that no unit may reduce the salary of female employees due to marriage, pregnancy, maternity leave, breastfeeding, etc.
Therefore, if the enterprises involved have the above behavior, it is obviously suspected of violating relevant laws and regulations, and in terms of basic ethics in daily life, this approach also lacks some humanity.
In recent years, the protection of women’s rights and interests, especially the basic rights and interests of women during pregnancy, has attracted public opinion.At the national level, in laws such as the Labor Law, it has clearly stipulated this aspect. In recent years, local regions have also strengthened their protection on the basis of national legislation.
Taking maternity leave as an example, my country’s "Labor Law" stipulates that women have 90 -day maternity leave, and specifically to Hubei Province where Ms. Wang is located. In 2021, the relevant regulations are clearly clear. Women are enjoying maternity leave by 60 days in addition to the state -stipulated maternity leave.These clear legal provisions have a solid realistic effect, and they must be observed by the local enterprises.
However, from the response to the issues such as maternity leave involved in the enterprise, it obviously did not look at the law.With the "company regulations" as an excuse, it is obviously not legal to make it on "national law" in a small scope.It should be clear that in the types of citizens and interests such as maternity leave, state law stipulates that the "bottom line" must be implemented by relevant responsible subjects.
It is worth noting that in recent years, as the state has continuously legislated to protect women’s rights and interests during pregnancy and postpartum, the corresponding legal knowledge has long been deeply rooted.
However, for individual enterprises, in the face of the protection of women’s rights and interests, they still like to pretend to be deaf and blatantly illegal, and try to use soft violence to give employees to give up their own rights.
This is confusing -what is the "confidence" of this?Imagine that if the relevant punishment is in place and there are typical cases to declare, will the companies involved have similar luck?
At present, according to media reports, Ms. Wang has reported to the labor supervision department, and the staff of the acceptance window also said that she would investigate and deal with the problems reflected by Ms. Wang.I believe that with the regulatory investigation, there will be a reasonable solution.
But it should be noted that how to avoid similar cases that continue to occur, how to make existing laws and regulations "grow teeth" in reality, take root, and better protect the rights and interests of women during pregnancy.Further research.Written / Beijing News commentator Ma Xiaolong Editor / Liu Ye School Division / Wang Xin