检察日报刊文:保胎被辞退,暴露女职工保护短板

金百利在线平台

On July 8th, the news reported that Ms. Fan from Chengdu had a severe pregnancy reaction shortly after she entered the job. She was given a sick leave in March this year on the advice of a doctor. Because she is only one year old, she can only take 3 months for sick leave. After 4 days, Ms. Fan was dismissed by the company on the grounds of “continued completion of 4 days”. According to reports, Ms. Fan responded to the situation of a director of the company after receiving《解除劳动合同通知书》. The director replied that the company's system was formulated in accordance with national standards, and the relevant decisions were also in accordance with the regulations.

On the one hand, the company believes that it is doing things according to the law; on the other hand, Ms. Fan believes that the company's leave system is not perfect and leads to her dismissal. Of course, the mouth can not solve the problem, or use the law to evaluate.

It is stipulated that when an enterprise employee needs to stop working for medical treatment due to illness or non-work injury, according to the actual working years of the employee and the working years of the unit, the corresponding medical period is given, and the working years are less than ten years. It is three months below five years.The provisions and the female employees to terminate the labor contract. From this point of view, the practice of the company seems to be “legal compliance”, but it is not without flaws.It is stipulated that: “When a female employee cannot adapt to the original labor during pregnancy, the employer shall, according to the certificate of the medical institution, reduce the labor or arrange other labor that can be adapted.” According to this, Ms. Fan has submitted the hospital certificate to the unit. Under the circumstances, the unit should arrange other positions or propose solutions according to Ms. Fan’s actual physical condition, instead of simply terminating the labor contract.

xxFrom a business perspective, it is of course expected that employees can create more economic value and strictly abide by various regulatory management systems. However, in the case of knowing that Ms. Fan’s physical condition needs to continue to recuperate, she did not fully consider her legal rights and interests, and did not take alternative measures. She simply adopted the practice of terminating the labor contract and, to a certain extent, still infringed Ms. Fan’s legitimate rights and interests. At the same time, Ms. Fan’s experience also exposed the shortcomings in the protection of women’s maternity rights. For pregnant women with severe pregnancy reactions and physical conditions that are difficult to adapt to their work needs, can they establish certain rights protection norms for them? For example, according to hospital examinations and recommendations for applying for leave, the unit should arrange alternative labor according to the actual physical condition of the pregnant woman.

It should be made clear that the law stipulates that employers should protect the legitimate rights and interests of female employees, not only to protect the basic rights and interests of female employees in the legal scope, but even to use these laws and regulations to circumvent relevant responsibilities, but to advocate that employers comply with the law. On the basis of the bottom line, women workers are given more human care and practical help.

(Original title《保胎被辞退,暴露女职工保护短板》)

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