Author: Zhu Changjun
On March 14, Ms. Ding, 36, commissioned a lawyer to raise labor arbitration.Two weeks ago, she asked the company for leave to protect the fetus and was rejected on the grounds that she did not meet the requirements.After she questioned, the company’s manpower department issued the "Notice of Labor Contract Lift" to her on the grounds of absenteeism, and then kicked her from all the company’s network group.Ms. Ding said that due to the elderly conception, there have been threatened abortions and pregnancy hypertension during pregnancy.The staff of the company involved responded that the manpower department feedback Ms. Ding’s absenteeism violated the company’s regulations, and the relief of labor relations was not for pregnant women.
Ms. Ding’s encounter is actually quite common.If you retrieve it on the Internet, you can find that there are many consultations and questions such as "whether the fetal units are not approved for leave", and there are similar cases in previous public reports.Even if the employer dismisses the reunion of the female employee, the absence of the female employee, it is not the first time that it has appeared.
From the perspective of legal provisions, the qualitativeness of "women who have been fired after being rejected by women" seem to be not controversial.For example, the "Special Regulations for Women’s Workers’ Labor Protection" clearly stipulates that employers must not reduce their wages because of the pregnancy, fertility, breastfeeding, dismissal, dismissal or hire contracts.
However, similar situations still occur in reality, and the reason behind it is worth pondering.First of all, it should be seen that women workers who have encountered this may really take up legal weapons to protect their rights.For example, some female employees need to take a "long" rest during pregnancy. The first choice may be resigned by default, rather than expecting to take a long vacation in the enterprise.This is related to the low expectations of the society in the workplace for the long -term protection of women’s rights and interests in the workplace.Correspondingly, this more common idea may also further encourage some of the harsh and illegal operations of employers.In fact, similar cases in public reports, including this incident, generally only involve well -known enterprises to attract enough attention from public opinion.
In other words, to better protect the labor rights and interests of female employees, the current society’s cognitive level of women’s rights and interests in the workplace needs to be further improved, which also requires the society to face more face -to -law.For a long time in the past, the right to fertility has encountered all kinds of neglecting or even "stigma", which is an important realistic background of a considerable part of the pregnant women who have encountered workplace discrimination.Now, with the changes in the development of the population and the adjustment of fertility policies, the social cognition of protecting the right to fertility has also undergone significant changes, and enterprises should keep pace with the times.
For example, last year, the "Guiding Opinions on Further Importing and Implementing Active Fertility Support Measures" (hereinafter referred to as the Opinions) issued by the Health and Health Commission and other departments clearly stated that the continuous development of employment gender discrimination is continuously investigated and dealt withThe unit implements special labor protection on the duration of the duration, breastfeeding female employees on the duration of the duration, breastfeeding female employees, etc.; strengthen supervision and enforcement, improve the judicial relief mechanism, and explore the prosecution lawsuit of women’s equal employment rights and interests.Maintain the rights and interests of women’s labor and social security; strengthen the supervision of labor laws of trade unions, and promote the implementation of laws and regulations of employee rights and interests.These have put forward higher requirements for the protection of women’s workers’ rights and interests.
Of course, the care of women’s workplace rights and interests involves the sharing of social fertility costs behind it.While regulating the protection of employment rights and interests of enterprises, how to build a more reasonable fertility cost sharing mechanism between the government, enterprises, and individuals is becoming more and more important.In fact, in the above opinions, it is also clearly emphasized that it is necessary to combine the actual situation to improve the cost of sharing the cost of vacation employment, clarify the responsibilities of all parties, and take practical and effective measures to ensure the holiday treatment of employees; establish an incentive mechanism for employees in the protection of employees in accordance with the law.The more complete the supporting measures and mechanisms, the stronger the enthusiasm of enterprises in protecting employees’ fertility rights.
In a word, we must more effectively eliminate the unfair treatment of pregnant women in the workplace, so that they can avoid worrying and anxiety about the protection of the right to fertility.Cooperation and cooperation.(Zhu Changjun)
Source: Guangming.com-Time Review Channel