Workplace "Female Man" Birth Rights Protection Strategy

Nowadays, women in the workplace are already "lifting up half the sky", and there are more and more women as managers and directors. Many female workers are not only skilled in style but also willing to fight, so some people call them workplace women. However, the workplace "female man" will also have a "fragile" stage, that is, the special period of pregnancy. In this stage of "female man" need to be protected, what rights do pregnant mothers enjoy? Below, the judge will combine the trial practice to provide rights protection for the "female man" in the workplace.

Ms. Lee is a young married married woman. When she applied for a business company in March 2010, the company asked the applicant not to give birth within three years. Taking into account the severe employment situation, Ms. Li reluctantly agreed. In January 2012, Ms. Li was unexpectedly pregnant and thought of the harsh regulations of the company when she joined the company. In May 2012, the business company learned the news of Ms. Li's pregnancy, and the management was furious. In the afternoon, she issued a notice to remove Ms. Lee.

After the labor dispute arbitration committee decided that the decision of the trade company's removal was illegal, it ordered the business company to continue to perform the labor contract with Ms. Li.

The childbearing act that accords with the law is the basic rights and interests of female citizens, and the employer should protect the reproductive rights of female workers in accordance with the law. In the case, the trade company forcibly prohibited the birth clause with the female workers, which lacked legitimacy basis and should be invalid. In addition, according to the female employees labor protection Under the relevant provisions of the regulations, no enterprise or individual can terminate the labor contract with the female workers on the grounds of pregnancy, childbirth and breast-feeding. In the aforementioned cases, the commercial company terminated the labor relationship on the grounds of Ms. Li's pregnancy, which violated the prohibition provisions of the regulations on labor protection for female workers.

Ms. Wu is a testers of a technology company. In 2012 10, the hospital confirmed pregnancy for 3 weeks. Because of her frequent signs of threatened abortion, she was asked to leave for 4 times during the month. In the end of the month accounting for wages, the company took Miss Wu's 4 day inspection holiday as a leave of absence, withholding a salary of 1380 yuan.

Ms. Wu, after consulting, heard that the production inspection could not withhold wages, and challenged the technology company. After the failure, Ms. Wu applied for a complaint application to the local labor supervision department, which was ordered by the labor supervision department. The technology company reissued Ms. Wu's monthly salary of 1380 yuan.

According to Female workers The relevant provisions of labor protection regulations, pregnant women workers in labor time to carry out antenatal examination, the time required for labor time. In this regard, in the "women workers' labor protection provisions" problem answer, prenatal examination has further explained that the antenatal examination of female workers should be treated according to their attendance, and they can not be treated according to sick leave, leave of absence and absenteeism. For women workers in the first line of production, the production quota should be reduced correspondingly, so as to ensure the time of antenatal examination. Therefore, it is illegal for a technology company to take Miss Wu as a leave of absence and to deduct wages, which should be corrected.

Ms. Tang entered a property company in 1 2007. The deadline for the last labor contract signed by both sides is January 25, 2011. In January 2008, the company appointed Ms. Tang to be a customer service manager of a building project department, with a term of 1 years. In October 2008, Ms. Tang submitted a sick leave certificate to the company. The time of sick leave was from October 8, 2008 until October 20th. The reason for her illness was "early pregnancy and vomiting of pregnancy". In October 24, 2008, the property company made a decision on adjusting the salary of Ms. Tang. Duty The price of Ms. Tang will be reduced from 5200 yuan to 3000 yuan. Since then, the labor dispute arbitration agency has revoked the decision of the property company in accordance with the law.

According to the relevant provisions of the regulations on the protection of women workers' labor, the employing units shall not reduce their wages due to the pregnancy, childbirth and lactation of the female workers. Because of special physiological reasons, women workers' rights to work during pregnancy are protected by law. Employers should not discriminate against women workers because they are pregnant. They will arbitrarily reduce their pay levels and infringe on the legitimate rights and interests of female workers during pregnancy. In the case, the decision of a property company's salary reduction has a prohibition rule on the one hand. On the other hand, it does not have democratic consultation and lacks legitimacy basis, so it should be revoked.