He was dismissed by the company just after completing the entry formalities! Ms. Wang, from Guangzhou, Guangdong Province, was puzzled that she had told the company that she was "married" when recruiting, and clearly said that she had no plans to prepare for pregnancy in the near future when facing personnel, but still could not escape the result of being dismissed. Ms. Wang's experience is not unique. Discrimination against women in employment has existed for a long time: women who were pregnant for 7 months were told by the company that they had no maternity leave and were dismissed; Some hotels require female employees to "voluntarily resign when pregnant"; A female employee was dismissed by the company because she was pregnant with a second child... This is not only gender discrimination against women in the workplace, but also disregard of labor laws. According to Shen Jianfeng, dean of the Law School of the China Institute of Labor Relations, such acts of excluding employment, improving employment conditions or terminating labor contracts on the grounds of gender or marital status clearly constitute employment discrimination and illegal termination of labor contracts, and also violate the Law on the Protection of Women's Rights and Interests. After Ms. Wang's resignation was exposed, many netizens said that there were countless cases of discrimination against women in the workplace. Some female netizens said that they would be asked "Are you married" and "Are you ready to have children" during the interview, and even some enterprise personnel said that being married without children is a disadvantage. As for the problem that some enterprises are unwilling to find married or pregnant employees, the personnel of a company in Shanghai told the reporter that the reason is very simple, that is, they are afraid to affect their work and thus affect the enterprise's benefits. Maternity leave for female employees is equivalent to paid leave, and they may not be able to devote themselves to work after having children. China's laws clearly stipulate that the state guarantees that women enjoy equal labor and social security rights with men. In the recruitment (employment) process, unless otherwise stipulated by the state, the employing unit shall not use the restriction of marriage, childbirth or marriage and fertility status as the recruitment (employment) conditions. But why is gender discrimination in the workplace still common in real life? The interviewed experts believe that this is caused by a variety of factors, including the concept, social and economic development and other factors, as well as the legal system. Yang Baoquan, member of the Labor and Social Security Professional Committee of the Beijing Lawyers Association, believes that the discrimination women suffer in the process of employment is often not in an obvious and direct way, but in an invisible and hidden way, or even "in a legal coat". The discrimination women encounter runs through the entire employment process from recruitment, work, promotion, salary and welfare to retirement. For employers, there are many specific ways to circumvent laws and regulations, and the cost of violation is low. In the view of Zhao Bin, a lawyer from Beijing Yinghe Law Firm, the cost of safeguarding workers' rights is high, the relevant legislative provisions of China's anti-employment discrimination are too principled, lack of operability, and are prone to difficulties in acceptance and trial, and the burden of proof for workers is also relatively high, resulting in great difficulty in safeguarding rights. At the same time, the supervision of relevant competent departments on employment discrimination needs to be strengthened. For example, the Regulation on Labor and Social Security Supervision has not explicitly included employment discrimination in the labor and social security supervision matters. "The existing laws do not fully balance the interests of employers, female employees and the state. Recruitment of female employees may increase the cost of employment for employers, and there is no relevant sharing mechanism. Employers will inevitably reject the employment of female employees
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：legal daily
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