Recently, a news has attracted attention from netizens.It is said that Ms. Chen in Nanjing was expelled in less than two months in less than two months. The reason given by the unit was that Ms. Chen’s assessment was not qualified during the probation period.
However, Ms. Chen felt that the unit deliberately found the fault and sued to the court, thinking that the unit fired herself because she had a birth pregnancy one month after her employment.
In the end, the court did not provide sufficient evidence with the unit, proved that Ms. Chen was not qualified during the probation period, and the judgment unit resumed the labor relationship with Ms. Chen.
In this regard, netizens have a lot of discussion, and in general, there are three main points:
One is to support the court’s judgment and believe that to safeguard the legitimate rights and interests of women. "She is already a expectant mother, and she is a vulnerable group.
One is to embrace the enterprise. "This protection method, the company will not hire female employees in the future";
There is also a difficult situation that this will make the situation of girls find a job in the future.The more things, the more discrimination, "…
(one)
First of all, Ji Yuanjun believes that the court’s decision is fair.
Because women’s special physiological characteristics and the special social duties of fertility and reproduction of offspring are assumed, it is a practice of giving special protection in these special periods of women in these special periods of women.This is the embodiment of the progress of social civilization.Women’s attention and maintenance of their own rights are also one of the symbols of human rights development.
my country’s "Labor Law" clearly stipulates that employers shall not reduce their wages and benefits due to the situation of female employees’ pregnancy, fertility, breastfeeding, etc., dismissal, and unilaterally and their labor contracts.
At the same time, Article 39 of the Labor Contract Law also stipulates that if the worker exists during the trial period, it is proven to be not met in the hiring conditions, serious violations of the rules and regulations of the employer, etc., and the employer can terminate the labor contract.
Specifically, the court tried that the unit accused Ms. Chen accusing Ms. Chen inadequate evidence of poor assessment during the probation period. The judgment to restore the labor relationship between the two parties complied with the law.
Some people also questioned that Ms. Chen was suspected of cheating: so coincidentally, she was pregnant for more than a month.In this regard, Jun Yuanjun believes that even if this possibility does not affect the court’s decision.On the one hand, the court’s judgment pays attention to the factual basis; on the other hand, the law has another principle: "It is better to put it wrong or not judge."
In fact, the law’s special protection for women during the special period is not limited to labor rights and interests.In terms of marriage protection, the Civil Code stipulates that the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after pregnancy.The most extreme death penalty judgment, the Criminal Law also clearly restricts the applicable object: pregnant women do not apply to death -from the perspective of law, humanity, and protecting women’s rights and interests must be strictly implemented.
(two)
There is no problem with the legal judgment. Where is the problem?
As mentioned earlier, because women bear the special social duties of fertility and reproduction of offspring, the law has given special protection, stipulating that women have paid maternity leave.
"Special Regulations for Women’s Workers’ Labor Protection" clearly states that 98 days of maternity leave for female employees can be enjoyed, of which 15 days can be vacated before delivery;sky.If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.
This is a reasonable protection for women in the workplace, but it is a big burden for employers.Moreover, in reality, not only the paid maternity leave of the law, but also the childbirth during pregnancy and the nurturing stage after maternity leave, women will be more or less affected at work, and it is difficult to devote themselves.
From the perspective of morality and performance of social responsibility, employers should bear this cost.But for companies with self -profit and loss, especially some small companies, this has become an unwilling or unbearable "heavy".In this case, the female employee was found to be pregnant for one month. The payment time for maternity insurance was less than one year. It did not meet the reimbursement conditions.
Due to the consideration of avoidance costs, corporate recruitment will be more inclined to men, unwilling to choose women, and even ask women to sign a guarantee agreement at the time of employment to ensure that they will not get married and have children in a certain period of time.Of course, this agreement does not have legal effect.However, if the two sides have a certain form of agreement, the woman "breach of the contract" after the employment has resorted to the law of law, and it is "legal and unreasonable" to the company’s eyes.
Having said so much, Xun Yuanjun did not intend to defend the enterprise, but wanted to say that women’s job hunting and women’s workplace discriminated with deep economic and social factors and even cultural factors.A judgment cannot fundamentally solve the problem.This may encourage more women to pick up legal weapons to protect their rights; but on the other hand, it may also cause some netizens to worry, making more companies unwilling and dare not recruit women.
The root cause of contradictions is that the society’s guarantee for women’s protection women is insufficient. If the cost of marriage and childbearing is mainly borne by enterprises and employees themselves, similar news will inevitably continue to occur or even intensify.How to improve the marriage and childbirth of the workplace women, so that they are at ease during pregnancy. They do not have the worries of "dare not give birth" and "afraid of unemployment.", Need to think and explore the whole society together.
Source: Recently, a news has attracted the attention of netizens.It is said that Ms. Chen in Nanjing was expelled in less than two months in less than two months. The reason given by the unit was that Ms. Chen’s assessment was not qualified during the probation period.
However, Ms. Chen felt that the unit deliberately found the fault and sued to the court, thinking that the unit fired herself because she had a birth pregnancy one month after her employment.
In the end, the court did not provide sufficient evidence with the unit, proved that Ms. Chen was not qualified during the probation period, and the judgment unit resumed the labor relationship with Ms. Chen.
In this regard, netizens have a lot of discussion, and in general, there are three main points:
One is to support the court’s judgment and believe that to safeguard the legitimate rights and interests of women. "She is already a expectant mother, and she is a vulnerable group.
One is to embrace the enterprise. "This protection method, the company will not hire female employees in the future";
There is also a difficult situation that this will make the situation of girls find a job in the future.The more things, the more discrimination, "…
(one)
First of all, Ji Yuanjun believes that the court’s decision is fair.
Because women’s special physiological characteristics and the special social duties of fertility and reproduction of offspring are assumed, it is a practice of giving special protection in these special periods of women in these special periods of women.This is the embodiment of the progress of social civilization.Women’s attention and maintenance of their own rights are also one of the symbols of human rights development.
my country’s "Labor Law" clearly stipulates that employers shall not reduce their wages and benefits due to the situation of female employees’ pregnancy, fertility, breastfeeding, etc., dismissal, and unilaterally and their labor contracts.
At the same time, Article 39 of the Labor Contract Law also stipulates that if the worker exists during the trial period, it is proven to be not met in the hiring conditions, serious violations of the rules and regulations of the employer, etc., and the employer can terminate the labor contract.
Specifically, the court tried that the unit accused Ms. Chen accusing Ms. Chen inadequate evidence of poor assessment during the probation period. The judgment to restore the labor relationship between the two parties complied with the law.
Some people also questioned that Ms. Chen was suspected of cheating: so coincidentally, she was pregnant for more than a month.In this regard, Jun Yuanjun believes that even if this possibility does not affect the court’s decision.On the one hand, the court’s judgment pays attention to the factual basis; on the other hand, the law has another principle: "It is better to put it wrong or not judge."
In fact, the law’s special protection for women during the special period is not limited to labor rights and interests.In terms of marriage protection, the Civil Code stipulates that the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after pregnancy.The most extreme death penalty judgment, the Criminal Law also clearly restricts the applicable object: pregnant women do not apply to death -from the perspective of law, humanity, and protecting women’s rights and interests must be strictly implemented.
(two)
There is no problem with the legal judgment. Where is the problem?
As mentioned earlier, because women bear the special social duties of fertility and reproduction of offspring, the law has given special protection, stipulating that women have paid maternity leave.
"Special Regulations for Women’s Workers’ Labor Protection" clearly states that 98 days of maternity leave for female employees can be enjoyed, of which 15 days can be vacated before delivery;sky.If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.
This is a reasonable protection for women in the workplace, but it is a big burden for employers.Moreover, in reality, not only the paid maternity leave of the law, but also the childbirth during pregnancy and the nurturing stage after maternity leave, women will be more or less affected at work, and it is difficult to devote themselves.
From the perspective of morality and performance of social responsibility, employers should bear this cost.But for companies with self -profit and loss, especially some small companies, this has become an unwilling or unbearable "heavy".In this case, the female employee was found to be pregnant for one month. The payment time for maternity insurance was less than one year. It did not meet the reimbursement conditions.
Due to the consideration of avoidance costs, corporate recruitment will be more inclined to men, unwilling to choose women, and even ask women to sign a guarantee agreement at the time of employment to ensure that they will not get married and have children in a certain period of time.Of course, this agreement does not have legal effect.However, if the two sides have a certain form of agreement, the woman "breach of the contract" after the employment has resorted to the law of law, and it is "legal and unreasonable" to the company’s eyes.
Having said so much, Xun Yuanjun did not intend to defend the enterprise, but wanted to say that women’s job hunting and women’s workplace discriminated with deep economic and social factors and even cultural factors.A judgment cannot fundamentally solve the problem.This may encourage more women to pick up legal weapons to protect their rights; but on the other hand, it may also cause some netizens to worry, making more companies unwilling and dare not recruit women.
The root cause of contradictions is that the society’s guarantee for women’s protection women is insufficient. If the cost of marriage and childbearing is mainly borne by enterprises and employees themselves, similar news will inevitably continue to occur or even intensify.How to improve the marriage and childbirth of the workplace women, so that they are at ease during pregnancy. They do not have the worries of "dare not give birth" and "afraid of unemployment.", Need to think and explore the whole society together.
Source: Recently, a news has attracted the attention of netizens.It is said that Ms. Chen in Nanjing was expelled in less than two months in less than two months. The reason given by the unit was that Ms. Chen’s assessment was not qualified during the probation period.
However, Ms. Chen felt that the unit deliberately found the fault and sued to the court, thinking that the unit fired herself because she had a birth pregnancy one month after her employment.
In the end, the court did not provide sufficient evidence with the unit, proved that Ms. Chen was not qualified during the probation period, and the judgment unit resumed the labor relationship with Ms. Chen.
In this regard, netizens have a lot of discussion, and in general, there are three main points:
One is to support the court’s judgment and believe that to safeguard the legitimate rights and interests of women. "She is already a expectant mother, and she is a vulnerable group.
One is to embrace the enterprise. "This protection method, the company will not hire female employees in the future";
There is also a difficult situation that this will make the situation of girls find a job in the future.The more things, the more discrimination, "…
(one)
First of all, Ji Yuanjun believes that the court’s decision is fair.
Because women’s special physiological characteristics and the special social duties of fertility and reproduction of offspring are assumed, it is a practice of giving special protection in these special periods of women in these special periods of women.This is the embodiment of the progress of social civilization.Women’s attention and maintenance of their own rights are also one of the symbols of human rights development.
my country’s "Labor Law" clearly stipulates that employers shall not reduce their wages and benefits due to the situation of female employees’ pregnancy, fertility, breastfeeding, etc., dismissal, and unilaterally and their labor contracts.
At the same time, Article 39 of the Labor Contract Law also stipulates that if the worker exists during the trial period, it is proven to be not met in the hiring conditions, serious violations of the rules and regulations of the employer, etc., and the employer can terminate the labor contract.
Specifically, the court tried that the unit accused Ms. Chen accusing Ms. Chen inadequate evidence of poor assessment during the probation period. The judgment to restore the labor relationship between the two parties complied with the law.
Some people also questioned that Ms. Chen was suspected of cheating: so coincidentally, she was pregnant for more than a month.In this regard, Jun Yuanjun believes that even if this possibility does not affect the court’s decision.On the one hand, the court’s judgment pays attention to the factual basis; on the other hand, the law has another principle: "It is better to put it wrong or not judge."
In fact, the law’s special protection for women during the special period is not limited to labor rights and interests.In terms of marriage protection, the Civil Code stipulates that the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after pregnancy.The most extreme death penalty judgment, the Criminal Law also clearly restricts the applicable object: pregnant women do not apply to death -from the perspective of law, humanity, and protecting women’s rights and interests must be strictly implemented.
(two)
There is no problem with the legal judgment. Where is the problem?
As mentioned earlier, because women bear the special social duties of fertility and reproduction of offspring, the law has given special protection, stipulating that women have paid maternity leave.
"Special Regulations for Women’s Workers’ Labor Protection" clearly states that 98 days of maternity leave for female employees can be enjoyed, of which 15 days can be vacated before delivery;sky.If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.
This is a reasonable protection for women in the workplace, but it is a big burden for employers.Moreover, in reality, not only the paid maternity leave of the law, but also the childbirth during pregnancy and the nurturing stage after maternity leave, women will be more or less affected at work, and it is difficult to devote themselves.
From the perspective of morality and performance of social responsibility, employers should bear this cost.But for companies with self -profit and loss, especially some small companies, this has become an unwilling or unbearable "heavy".In this case, the female employee was found to be pregnant for one month. The payment time for maternity insurance was less than one year. It did not meet the reimbursement conditions.
Due to the consideration of avoidance costs, corporate recruitment will be more inclined to men, unwilling to choose women, and even ask women to sign a guarantee agreement at the time of employment to ensure that they will not get married and have children in a certain period of time.Of course, this agreement does not have legal effect.However, if the two sides have a certain form of agreement, the woman "breach of the contract" after the employment has resorted to the law of law, and it is "legal and unreasonable" to the company’s eyes.
Having said so much, Xun Yuanjun did not intend to defend the enterprise, but wanted to say that women’s job hunting and women’s workplace discriminated with deep economic and social factors and even cultural factors.A judgment cannot fundamentally solve the problem.This may encourage more women to pick up legal weapons to protect their rights; but on the other hand, it may also cause some netizens to worry, making more companies unwilling and dare not recruit women.
The root cause of contradictions is that the society’s guarantee for women’s protection women is insufficient. If the cost of marriage and childbearing is mainly borne by enterprises and employees themselves, similar news will inevitably continue to occur or even intensify.How to improve the marriage and childbirth of the workplace women, so that they are at ease during pregnancy. They do not have the worries of "dare not give birth" and "afraid of unemployment.", Need to think and explore the whole society together.
Source: No. 2, Yiyuan Street
