In recent years, as the "second child" and "three -child" policy has been liberalized, women have frequently occurred in workplace discrimination while enjoying the choice of multi -child childbirth.Three children looked forward.So, in real life, when women in the workplace suffer from employment discrimination, how to protect their legitimate rights and interests?
In February 2019, Ms. Zhu applied as the manager of the human resources department of a technology company.Subsequently, the two parties signed a labor contract to agree that the term of the labor contract was 1 year from March 12, 2019, and the probation period was 3 months. The work content was human resources work, and the basic salary was 14,000 yuan/month.
Ms. Zhu was pregnant shortly after joining the job, and she asked for leave due to many times during pregnancy.In January 2020, Ms. Zhu was hospitalized for reasons for too little amniotic fluid and anemia for pregnancy. She was discharged from the 5th after the 5th. The doctor suggested that she rest for a week and issued a medical certificate.On the day of discharge, Ms. Zhu initiated a 1 week of sick leave applications and uploaded a medical certificate through nailing, but was not approved.
What made Ms. Zhu unexpectedly: After a few days, the company adjusted her position to administrative assistant, and the monthly salary was reduced from 14,000 yuan to only 4,000 yuan.What makes Ms. Zhu angry is that after 5 days, the company did not arrive at work without Ms. Zhu without effective communication with the management.For the reason, it was decided to terminate the labor relationship with Ms. Zhu.
Because of pregnancy, in less than half a month, she was transferred and relieved of labor relationships. Ms. Zhu felt discriminated against.In order to safeguard her legitimate rights and interests, Ms. Zhu applied for arbitration with the Labor Arbitration Commission.The technology company filed a lawsuit with the Tonglu Court because he was not convinced of arbitration.
Tonglu Court heard that although the technology company has not approved Ms. Zhu’s illness leave, combined with Ms. Zhu’s previous leave and hospitalization, Ms. Zhu did not reach the job without any reasons.Evidence cannot be determined that Ms. Zhu has a serious negligence, and the fraud in private, which causes major damage to the employer. Therefore, the company is an illegal termination of labor contracts. According to Article 45 of the Labor Contract Law of the People’s Republic of China, the labor contractIt should be ended until the corresponding situation disappears, that is, the expiration of the breastfeeding period, so Ms. Zhu has the right to request to continue to perform the labor contract until the expiration of the breastfeeding period.
In the end, the Tonglu Court judged that the technology company paid Ms. Zhu’s salary during maternity leave and a total of more than 196,000 yuan, such as the loss of wages, meals, and remuneration of non -annual vacation salary.Insurance, etc.
The technology company did not accept the judgment of the first instance and appealed to the Hangzhou Intermediate People’s Court.The Hangzhou Central Court was tried and ruled that the appeal was rejected and the original sentence was maintained.
my country implements special labor protection for female employees, stipulating that women enjoy employment rights equal to men in order to eliminate employment discrimination against female workers and provide fair and equal employment opportunities for female workers.When hiring employees, in addition to the state -stipulated unsuitable workers or positions of women, employers must not refuse to apply for women on the grounds of gender or improve their recruitment standards for women. The employer should respect and care for their respect and care.Female workers are focusing on building a harmonious labor relationship.When the legitimate rights and interests of female workers are infringed, they can negotiate with the employer first.In accordance with the law, a lawsuit is filed with the people’s court.
"People’s Republic of China Labor Law"
Article 29 When a female employee shall not terminate the labor contract in accordance with the provisions of Article 26 and 27 of the Law during pregnancy, delivery and lactation during pregnancy.
"Labour Contract Law of the People’s Republic of China"
Article 42 If a female employee shall not terminate the labor contract in accordance with the provisions of Article 40 of the Law (without dislocation) and Article 41 (economic layoffs) in accordance with Article 40 of the Law.
"Special Regulations for Labor Protection of Female Workers"
Article 5 "The employer shall not reduce their wages due to the pregnancy, fertility, breastfeeding, dismissal, and the termination of labor or employment contracts."
"Law of the Women’s Rights and Interests of the People’s Republic
Article 23 "When hiring female employees, each unit shall sign a labor (employment) contract or service agreement with them in accordance with the law.
Article 26 "Women are specially protected during menstruation, pregnancy, birth, and lactation."
Article 27 "No unit shall reduce the salary of female employees due to marriage, pregnancy, maternity leave, breastfeeding, etc.) Except for the contract or service agreement. "
From: Tonglu Court
Source: Zhejiang Radio and Television Group