See the resignation of pregnancy again: Make fertility becomes a hurdle for women in the workplace

Surging special commentator Ma Qing

After pregnancy, Ms. Ding, 36, had a threatened abortion, pregnancy hypertension, etc. After being judged by the doctor as the target of high -risk pregnancy supervision, it was recommended to rest for 28 days.She asked the company to leave the fetus, was rejected, and was notified to terminate the labor contract.The company involved in Douyu responded that the relief of labor relationship was not maliciously targeted at pregnant women, but because Ms. Ding violated discipline absenteeism.Ms. Ding has commissioned a lawyer to raise labor arbitration.

Legally, Ms. Ding is more likely to win labor arbitration.The "Labor Contract Law" stipulates that when female employees during pregnancy, birth, and lactation, employers must not be dismissed without losses, nor can they terminate the labor contract in the name of economy.The continued extension to the corresponding situation disappears.

"Special Regulations for Labor Protection of Women’s Workers" also clearly states that employers must not reduce their wages, dismiss, dismiss, or hire contracts due to their pregnancy, fertility, breastfeeding.If a female employee cannot adapt to the original labor during pregnancy, the employer shall reduce the amount of labor or arrange other labor that can be adapted in accordance with the proof of medical institutions.

Ms. Ding asked for maternity leave and annual leave, and her 28 -day long -ill vacation was rejected by the company and was crowned the name of absenteeism, which became the reason for the company to dismiss it.However, according to the "Provisions on the Medical Period of Enterprise Employees or Non -injury to the Ministry of Work", the medical period of at least three months when the employee is sick.It is evidenced and has legitimacy. The company cannot be regarded as workers’ negligence and relieves labor contracts.

Although "the female employees must not be dismissed at will" have long been provided, netizens have noisy for this.Those who support Ms. Ding accused the enterprise of illegal. If the company is so unfriendly for pregnant women, how can young people want to have a life and dare to give birth?There are also people calling for enterprises. If maternal mothers take such leave, enterprises ca n’t eat it. In the future, only the threshold for women’s job hunting will become higher and higher.

From the explanation mechanism of fertility costs, women have always been the biggest beam.A previous survey by Huazhong University of Science and Technology showed that compared with the before fertility, a child’s child’s employment probability dropped by about 6.6%; the wife of the second child continued to have a second child, and the chances of employment fell by 9.3%again.This kind of fertility has a negative impact on the sustainability of women’s career development and is called "fertility punishment".

With the improvement of relevant laws and regulations, the fertility costs undertaken by women are being divided into part of the social insurance and employment units through various guarantees.Because of this, many people have realized that the legal guarantee is not necessarily proportional to the workplace rights and interests of female employees. Sometimes it is even counterproductive. The protection of the law is transformed into a ceiling for women’s job search thresholds or the development of the workplace.

Under such a vicious cycle, female employees had to be heartbroken with the unit.This is why every time a female employee is pregnant or a lawsuit of women’s labor rights protection, other women are always worried: Will their job search or workplace career become more bumpy because of this?

From this perspective, Ms. Ding’s encounter is not a special case, and the discussion of this cannot stop at the case protection.If the focus of people paying attention to the cost of fertility in the past is to share the cost of fertility, then the focus of the current focus should be more fair.For example, can companies get tax reduction and exemption for employees during pregnancy?Can it be possible to increase the maternity leave and parental leave of male employees, and weaken gender factors in the cost of manpower.

Encourage fertility and create a friendly environment for fertility. It is necessary to have strong legal guarantees to be backdoed, but also require more fine and fair system design as support.The problems of balanced fertility and work cannot be made to become an irreplaceable contradiction between the family, between female employees and between female employees and units.

Zhou Yuhua, a senior editor in this issue

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