A few days ago, a company requested that the company’s exemption commitment to automatically resign from pregnancy has attracted attention on social media.The promise letter wrote, "I solemnly promise that once I am pregnant during the work of the company, I will leave the employment automatically and give up any economic compensation and relevant legal responsibilities of the unit." The reporter contacted the female employee who posted.The book is true.
As we all know, in the workplace, women are the double protection objects of society and law.For various reasons, some enterprises restrict female employees’ pregnancy or fertility in various plain or dark ways.As everyone knows, this approach not only violates the social ethics and corporate social responsibilities of respecting women, protects women, but also violates relevant labor laws and regulations.The approach to employees’ "automatic resignation" is obviously infringed on the legitimate rights and interests of the workers, and it is corrected.
Whether to have fertility and when to give birth is the basic right of every woman, and no one can impose interference.In this regard, the "Women’s Rights Protection Law" clearly stipulates that women are specially protected during pregnancy, birth, and lactation.Lift labor.The "Labor Law" and the Labor Contract Law also stipulate that if female employees during pregnancy, birth, and lactation, employers shall not implement economic layoffs on the termination of the contract.
Throughout the report, the incident that referred to as "automatically departure", and the female employee promised that "once you are pregnant during the company’s work, I will leave the employment automatically and abandon any economic compensation and relevant legal responsibilities of the unit."Very obvious, it is even more contrary to the social ethics of respect for women and protecting women.
Threat female employees with "automatic departure" to threaten it. Obviously, it has not treated it as a respected citizen. Instead, it is an animal and labor machine that can be served by others.
It should be said that the promise of "pregnancy is to leave automatically" has no legal effect.Even if some female employees are forced to be angry with their livelihood, they will not say that they will not have a binding force.According to the "Labor Law" and "Labor Contract Law", the employer exempts its legal responsibilities, eliminates the rights of workers, or violates the content of the contract with laws and administrative regulations.The employer shall bear the liability for compensation.
Therefore, even if some female employees signed relevant commitments without understanding the Fa or forced by pressure, they do not have to be pregnant and have no need to get pregnant. They do not have to claim compensation rights to the employer after being "resigned" or after being fired.Of course, the reason why some employers dare to risk illegal risks to ask employees to sign the promise of "automatic resignation" by employees. The main motivation may be that some people do not understand the Fa, dare not actively safeguard their rights, or even dare to say more.The "compromise" idea of one thing is not as small as one thing, reducing the cost of employment and reducing the pressure of employment.
Therefore, in order to effectively safeguard the legitimate rights and interests of female employees and build a friendly society, workers must dare to say no of unreasonable requirements, and be brave to safeguard their rights and interests in accordance with the law.The labor supervision department should also strengthen law enforcement inspections, investigate and deal with the dismissal of pregnant female employees, and set unreasonable assessment or work indicators for pregnant female workers, forcing their legitimate rights and interests such as infringement of female employees to infringe on female employees.
Of course, you may also consider the actual pressure of employers with more female employees to provide subsidies, tax incentives, and purchase positions to reduce the burden on employers.In addition, the worries of employers and female employees are effectively solved, so that the fertility of female employees has become the right to not discount, and there is no need to worry about "automatic departure".
Author Shi Hongju
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