Protect women's rights and interests so that fertility and career development are no longer "one of two"

2022-04-20

On April 18, the revised draft of the law on the protection of women's rights and interests was submitted to the Standing Committee of the National People's Congress for second deliberation. In view of the hidden gender discrimination in the workplace, the second review of the draft added the following provisions: the state establishes and improves the maternity leave system for employees to ensure that female employees during pregnancy and childbirth enjoy the rights and interests of rest and leave according to law. The employing unit shall not restrict the promotion, promotion, evaluation and employment of professional and technical titles and positions of female employees due to marriage, pregnancy, maternity leave, breastfeeding and other circumstances. A large part of gender discrimination in the workplace comes from the contradiction between women's maternity leave and enterprises' pursuit of operational benefits. Many enterprises will ask about the marriage and childbearing status of female job seekers when recruiting. "Married women without children" are easy to be treated differently. In the workplace, childbirth is also easy to become an "invisible ceiling" that restricts women's development. Many female employees will not only lose opportunities for promotion and promotion due to pregnancy and maternity leave, but also may be "snowed in" and left out after returning to work. Sometimes women have to give up their jobs and perform well in the workplace at the expense of their families. The revised draft law on the protection of women's rights and interests adds special provisions to strengthen the protection of the workplace rights and interests of pregnant female workers, which is undoubtedly of great significance. Modern women and men should have equal rights to development, and women's desire to pursue personal career should be respected. In society, a major reason for the "fear of marriage and childbirth" mentality is that women are unreasonably deprived of the development opportunities they value during pregnancy and after childbirth. China has already established a maternity leave system for employees. In order to encourage and guarantee childbirth, in recent years, various localities have also made many moves to extend women's maternity leave. However, if it only stipulates women's maternity leave, but does not provide supporting protection for women's right to development in the workplace, the root causes of discrimination and prejudice against women in the workplace still exist, and the concerns of women in the workplace about childbirth are still difficult to eliminate. Only by supporting women's rights and interests at the legislative level and comprehensively analyzing the real reasons for "not wanting to have children" and "not daring to have children", can we really eliminate the worries of women's childbirth. In recent years, with the enhancement of women's awareness of rights, in the face of unequal treatment after pregnancy, there are more and more cases of rights protection. According to media reports, after Ms. Xing in Shanghai found herself pregnant in March 2021, she was asked by her boss to leave on her own initiative. Because Ms. Xing disagreed, the company issued a notice of termination of labor contract. To this end, Ms. Xing turned to the local legal aid center for help and finally received a compensation of 70000 yuan. This also enlightens people that the protection of women's workplace rights and interests depends not only on perfect legislation, but also on firm and powerful legal decisions and perfect legal protection. In reality, of course, there are still many obstacles in the application of law. For example, when faced with discrimination, it is difficult for employees to prove that their unfair treatment is related to their gender and reproductive behavior. In order to avoid legal sanctions, employers often try their best to find excuses and reasons to criticize employees, or "persuade" employees to retreat in the form of post transfer and demotion, so as to get rid of their legal responsibilities. Therefore, in the process of implementing the law, we should pay attention to reducing the cost of protecting the rights of victims and strengthen the employer's obligation of "reverse proof" in arbitration. To build a fertility friendly society, we cannot rely on one side alone. Protecting women's right to maternity leave is a social responsibility that employers should fulfill, but enterprises also have the internal motivation to improve labor efficiency. Therefore, in the process of safeguarding women's rights and interests, we should also pay attention to reducing pressure on employers. Many people of insight suggested that enterprises that promote women's employment and ensure women's fertility should be given tax incentives, so that the employment costs borne by enterprises because women employees take maternity leave can be made up by other legal means. Such suggestions should be seriously considered. Only by realizing the balance between population development, enterprise operation and employees' rights and interests can we create a harmonious working environment. (Wang Zhong's) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:GMW.cn

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