Do you have to resign when you are pregnant?This matter cannot be "negotiated"

As the national epidemic prevention and control situation rotates well, re -production and re -production and promotion of employment have been increasingly valued.Not long ago, the "Guangdong female employee’s fertility rewards was fired" caused people’s attention to the protection of women’s workers; another incident recently exposed the difficulties that women encountered in equal employment.

A 28 -year -old lady said that she went to a hotel to apply for her. The hotel manager asked her to write a written guarantee for her resignation once she was pregnant.Regarding this issue, the local Social Security Bureau recently replied that it has been promoted to the unit for laws and regulations to request them to safeguard the rights and interests of the workers in accordance with the law;Complaints, the bureau will investigate and deal with it in accordance with the law; at present, the unit has begun to negotiate with the lady (Surging News on March 14).

Why are the requesting candidates in writing to ensure that once they are pregnant, they will take the initiative to resign?It turned out that according to my country’s labor law, labor contract law, and women’s rights protection law, female employees shall not reduce wages, be dismissed, or unilaterally unilaterally relieve labor contracts during pregnancy, output, and lactation.It is neither dismissed nor wanting to "spend money in vain". This unit has "flying wisdom" and asked the applicants to promise to resign by themselves at that time.

This "little cleverness" is actually unaware: if the two sides have disputes in the future, such "written commitments" will not be recognized even if they are taken out, because it violates the clear provisions of the law.Of course, female workers have the right to resign during pregnancy, but they must be from the true wishes of workers.The unit requires the candidate to promise to resign in advance. This kind of behavior that deliberately avoids its own responsibility not only violates the mandatory provisions of the above laws, but also violates the basic principles of equal employment of men and women in labor law. It also has obvious gender discrimination.

According to the provisions of my country’s labor law, the labor administrative department has the responsibility of supervision and inspection by the employer to the employers, and it should be stopped and ordered to correct the acts of violations of laws and regulations.Today, the above -mentioned treatment of the relevant local departments seemed to be too "humble" for the problem that this applied lady has reflected:

应 First of all, the unit requested that the applicant promised to resign if he was pregnant. This incident itself was suspected of illegal. If the situation is true, it has constituted the "behavior of violating the laws and regulations of labor security".If there are similar situations in the recruitment, they should be ordered to correct them together. If the legitimate rights and interests of female employees have been infringed, a fine can be imposed;

要求 Second, can the unit ask the candidate to make this promise?This matter is obviously not within the scope of "free negotiation".It is likely that how to deal with the decision of both parties may cause the mandatory regulations of national law to be violated or distorted again.

Needless to say, in the current situation, in the face of employers, workers are often in a weak position. This requires relevant departments to take greater initiative when dealing with related clues, avoid excessive movement of law enforcement.The phenomenon of "air rotation" in reality.

Source: Procuratorate

Author: Chai Chunyuan

Source: Procuratorate Justice Network

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