Women in the workplace in reality still face difficulties in the way: recruitment discrimination, interviewing, asked about marriage and childbirth, different paids in the workplace, stereotypes about women in the workplace …
Wen | Cai Jiawen Wang Qitong Liang Chen Editor | Star Boil
Some time ago,”pregnant women joined the company for 3 days and were fired from the company “The ons on Weibo.
According to Zhejiang TV Station Education Film and Television Channel, in early August, Ms. Yang of Hangzhou interviewed the content operation position of Zhejiang Earth Village Environmental Technology Co., Ltd., and did not inform the employer’s pregnancy during the interview.The interview passed, and Ms. Yang signed a three -year labor contract with the employer with a trial period of three months.On the third day of his inauguration, Ms. Yang was fired by the employer with "not in line with the responsibilities of the job needs".During the period, the two sides had a friction, and Yang had a miscarriage in the afternoon after leaving the unit.
Some netizens accused Ms. Yang of "intentionally concealing pregnancy and worsening women’s employment environment", and some netizens stood at the perspective of women’s legitimate rights protection, and proposed that "if you notify your pregnancy, you will not find a job".So, should female employees notify the employer during the interview?On the other hand, after hidden pregnancy, can the company dismiss staff on the grounds of fraud?
Although "pregnancy" is not a gold medal for free, it is also the legitimate rights and interests of female employees
According to Zhejiang TV Station Education Film and Television Channel, I learned that I was pregnant and happened to be on the day before the interview.Ms. Yang was worried that she would have friction with the company afterwards. She also specially consulted whether the lawyer needed to inform the employer. The lawyer told her that "this is her privacy."On the third day after joining the employment, she was not waiting for her labor contract, but a proof of resignation. It reads "because she does not meet the responsibilities of the job needs" and was fired by the company during the trial period.Subsequently, Ms. Yang told the company the fact that she was pregnant.
So, can the employer be fired after knowing that Ms. Yang’s pregnancy is pregnant?
Even if Ms. Yang is in pregnancy, the employer can still legally terminate the labor contract according to Article 39 of the Labor Contract Law, including those who have not met the conditions for hiring during the trial period.Ms. Yang has applied for labor arbitration. As for whether the company is a legal termination of labor contracts, she still has to bear the results of the arbitration.
Coincidentally, according to Sohu.com, in March 2019, a company joined a company to sign a three -year labor contract. The probation period was three days.If illegal reasons for the internal organs for more than 3 days or more than 5 times, or if the phenomenon of 3 days or more, it is deemed that it does not meet the company’s hire conditions, and the company has the right to terminate the labor contract.
At the end of April, the company terminated the trial on the grounds that the minor trial period did not meet the positive conditions.At this time, Xiao Mo was pregnant, and he applied for arbitration with the Labor Arbitration Commission.The court eventually judged the company to win.
During pregnancy, it is not the "death gold medal" of female employees. The "third phase" female employees still need to abide by the company’s relevant system.If the female employees seriously violate the rules and regulations of the employer, seriously lose their duties, and the fraud in business, and cause major damage to the employer, the employer can still unilaterally terminate the labor contract without paying economic compensation.However, female employees during pregnancy have the right to not be discriminated against and safeguard their legitimate rights and interests.
According to the relevant provisions of the Labor Contract Law, when female employees are pregnancy, output, and lactation, employers shall not use the labor contract for "workers cannot be competent" or "economic layoffs".If the employee who is fired does not agree with the employer to terminate the labor contract, it may advocate the request to continue to perform the contract, and the employer can claim the wage loss between the labor contract from the termination of the labor contract.In addition, Article 5 of the "Special Regulations for the Law of the Women’s Workers’ Labor Protection Law" pointed out that employers must not reduce their wages due to the pregnancy, fertility, and breastfeeding by female employees, and they are promoted to advance and evaluate professional and technical positions.
However, women in the workplace in reality still face difficulties in the way: recruitment discrimination, interviewing, asked about marriage and childbirth, different paids in the workplace, stereotypes about women in the workplace …
Station B UP Lord@b b 喜 (hereinafter referred to as "Aunt Sugar") claims to be "middle -aged workplace mother". When she was married and was not pregnant, she made a bold decision: change jobs.She tells her experience in her homemade video "Female Workplace Disclosure" and does not want to do 82 years of "Jin Zhiying": After she arrived in a new company, she hinted that she must work and overtime every day.sense of security.
This kind of anxiety was even more pregnant after two years after Aunt Sugar. Aunt sugar who was afraid of losing her job was still working as usual, and warned her "not too delicate."Even in the early stages of pregnancy, there were signs of signs of signs of abortion and two weeks of vacation in accordance with the doctor.Aunt Sugar is pulling back and forth in physiological discomfort and psychological anxiety every day.
She said in the video that "the social environment is really not friendly to women now."
Should I notify pregnancy in the interview?
In China, there are a lot of mothers who write "married and educated" on the resume.This is already an extra bonus item that everyone is unaware.
Thirty -up to stand in the workplace women, and the question of being asked by HR when interviewing is always asked.
(Source:@Orange Umbrella Weibo Fan Contribution, and comment area comments)
"(Female interviewer) informed (pregnancy) will definitely affect the results of the interview. Most companies will not hire pregnant candidates." An anonymous HR said, "The company’s consideration is simple,"When you are pregnant, you have to take into account the various situations during pregnancy, such as inspection, maternity leave, etc. From the perspective of the company, we have not made any contributions to our new employees.
Aunt Sugar has also done HR.In the face of a female candidate who has matched their experience and ability, the boss will feel that "30 and unmarried are unborn. Forget it, this position is not suitable."She will also feel uncomfortable: Isn’t such remarks be filming herself?
According to the latest survey of the National Women’s Federation, nearly half of the (49.1%) employers pay attention to the gender and marriage and childbirth status of the candidates in the recruitment;Some media also reported that women job seekers were "second rejected" when they answered whether they planned to get married in the past two years.
Although the protection of women’s labor and employment rights has been continuously improved, the employer has to consider the most realistic employment costs during the recruitment process of employers.98 days of maternity leave, maternity allowances, and not allowing labor contracts … Employers always "be careful" to female employees when recruiting.
However, can "married and unhappy" be the standard for recruitment and assessment of employers?Does the recruiter have the obligation to answer truthfully?
Lawyer Guohao (Kunming) Office, Fu Chuanyun, said in an interview with Nandu Weekly that the "Notice on Further Regulating Recruitment Behavings Promoting Women’s Employment" issued in 2019 clearly stipulates that various types of employers are published by recruitment information, recruiting personnel,In the process, you must not ask women’s marriage and childbirth. Pregnancy testing must not be used as a medical examination items, restrictions on fertility as an employment condition, and must not be differentiated to improve the standards for women.For employers who violate the above provisions, administrative penalties such as correction and fines will be ordered, and this situation will be included in the human resources market integrity record.
In terms of employees, there is the right to refuse to answer the question of HR’s own fertility.Lawyer Fu Chuanyun explained: "Pregnancy is the basic right of female citizens and belongs to basic human rights. If the conditions for employees to recruit employees excluded by employees violate the basic human rights and social common sense, it violates the law. This condition is invalid."
The law firmly stands on this issue on one side to safeguard women’s labor and employment rights.In recent years, many companies have argued that employees’ fraudulent means are invalidated with the company’s labor contracts on the grounds of "hiding pregnancy" alone.In practice, the court does not support the litigation request of the employer.
Lawyer Fu Chuanyun pointed out that not all false information or concealment of behavior is fraud.According to Article 8 of the Labor Contract Law, the employer has the right to understand the basic situation of the direct -related related to the labor contract, and the workers should truthfully explain.If the degree of education involved in the degree of education, etc., the information content is closely related to the post, the labor contract is ineffective from the beginning.However, the employee’s pregnancy is its personal privacy. It does not belong to the content that workers must truthfully explain, and they have the right to notify them.
Is it a woman that destroys women?The dead cycle facing the maternity insurance system
"Although I also sympathize with abortion, if so, women will be more blocked in the future", "She worsens the application environment of a woman with one person" … As soon as Ms. Yang’s case came out, many netizens right to do it.Women’s future job search road is worried.
The reason why pregnant women are often "not waiting" by the company’s enterprises because the pregnant woman’s physical condition is special and cannot engage in high -intensity work. Secondly, it is necessary to take leave to check and give birth frequently, which may cause a headache for labor gap.
The departure of hidden pregnancy after childbirth has become the root of corporate fear.In 2017, a female staff member of a Internet company in Ningbo joined the job and announced her pregnancy three days after joining the job. After the maternity leave, they immediately resigned.
Due to the special protection of women in the "Labor Contract Law" and "Women’s Rights Protection Law", female employees shall not freely lift the labor contract with them during pregnancy, birth, and breastfeeding.When the company encounters this, it seems that it can only "consider self -unlucky."Some netizens ridiculed "this is not a porcelain in the workplace", and some netizens proposed that "if a female job seeker confess that there is a pregnancy, there is geometry for the probability of being hired?"
The provisions set in the law to protect pregnant women, but cause corporate discrimination and injustice, which seems to have become an unsolvable dead cycle.
Lawyer Fu Chuanyun lamented that because of some traditional ideas such as "male lead and foreign heroes", most women were difficult to enjoy fair treatment in the workplace employment, which caused female employment to want to say when encountering similar marriage and childbirth problems, butIt cannot be said that the company wants to ask but dare not ask.
Li Mingshun, vice chairman of the Chinese Law Society’s Marriage Law Research Association, pointed out that the fundamental way out to solve this problem lies in changing the way of littering in my country’s maternity insurance system. Women’s fertility costs should be borne by the whole society.
China ’s maternity insurance at this stage is borne by the employer, and only employees who have established labor relations with employers can enjoy maternity insurance. This is why some women who are pregnant during pregnancy find a job after pregnancy."If we acknowledge the social value of fertility, we should give such fertility allowances and subsidies by society. For women who are not in the employer, they should also establish a corresponding maternity insurance system.Most of the responsibilities, this is also the responsibility that the country should bear. "
Many Nordic countries, which have always been known for high welfare, have allocated this ride through the category of "legal protection" by treating their prospective dads in the "legal protection".Sweden first launched a law in 1995, stipulating that "both parents have a monthly non -transfer parent -child fake."By 2002, this non -transferred holiday increased to two months, and the government would also send 480 -day parenting allowances to both parents.The amount of parenting allowances in these countries is calculated according to the salary of parents’ losses, and the maximum limit is different according to the law.So whether it is a husband or a wife, it will be taken care of by the government’s policy.For enterprises, at this time, the cost of hiring men or women pays the same cost, and naturally there is no gender situation.In addition, Finland also provides a "mother bonus" after 154 days of pregnancy or at the end of the pregnancy of four months of pregnancy, either a maternal gift package, which contains children’s care items or cash.
If the Nordic cases seem a bit far away, the efforts of Asia and South Korea in the protection of pregnant women are also very good.In South Korea, elastic work arrangements can solve some problems that cannot be solved by parenting leave.Considering that the salary replacement rate during the parenting leave period is too low, or the nature of the work is not allowed to be completely out of production for a long time, some workers choose not to reconcile leave.In order to help employees overcome difficulties, some Korean companies allow female employees to reduce their working hours and work 15 hours to 30 hours a week.
Liu Luyu, who is engaged in social security research at Nanjing University, once stated that it is necessary to improve the current situation of the career dilemma of pregnant women. On the one hand, it is necessary to establish a childcare leave system. On the one hand, it is necessary to strengthen the sense of presence of his father during pregnancy and the birth of children.Balance the balance of women’s guarantee and gender equality in order to truly break the career dilemma of women’s pregnancy.
When 996 was criticized in the workplace, many women could not get a job because of physiological differences.It is a huge test to bred another life. I hope that the entire society can act and give expectant mothers a wider professional space.
Source ｜ Nandu Weekly