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[Special Issue of Women's Day on March 8] Law on the Protection of Women's Rights and Interests Law Popularization Class (II)
Time: March 9, 2023 Author: News source: [Font size: large | in | Small

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Happy Women’s Day

"She" is a mother, a wife, a daughter,

"She" is you, me

It is thousands of people around us.

At home,

Women play a very important role,

It gave birth to our life,

Give us love and care;

In the workplace,

Women show their unique style and charm,

They are "Goddesses", "Soldiers"

It's "half the sky".

But they are also very vulnerable,

It needs our common protection.



In this issue, we will learn about the highlights of the Law on the Protection of Women's Rights and Interests in terms of labor and social security rights and interests, marriage and family rights and interests, and relief measures, In particular, the procuratorial organ can file a lawsuit in accordance with the law when the legal rights and interests of women have been infringed upon, resulting in damage to social and public interests Public interest litigation Content of



Highlight 6 Show the Sword to Sex Discrimination in the Workplace

The newly revised Law on the Protection of Women's Rights and Interests clearly expresses the intervention attitude to gender discrimination in the workplace. Labor security supervision is carried out in the whole process of recruitment, admission, promotion, dismissal, etc., to protect the legitimate rights and interests of women workers in an "all-round way", so that women workers no longer have "worries about the future".

Article 43 In the process of recruitment (employment), the employing unit shall not commit the following acts, unless otherwise stipulated by the State: in the process of recruitment (employment), the employing unit shall not commit the following acts, unless otherwise stipulated by the State: (1) defining men as men or stipulating that men have priority; (2) In addition to personal basic information, further inquiry or investigation on the marriage and childbearing of female job seekers; (3) Take pregnancy test as an entry physical examination item; (4) Taking restrictions on marriage, childbearing or marital and childbearing status as the conditions for recording (employment); (5) Other acts of refusing to employ women on the grounds of gender or raising the standards for the employment of women in a differentiated way.


Article 49 Human resources and social security departments shall include gender discrimination in the process of recruitment, admission, promotion, promotion, evaluation of professional and technical titles and positions, training, dismissal, etc. into the scope of labor security supervision.



Highlight 7 No reduction of wages and benefits of female employees due to maternity leave

The newly revised Law on the Protection of Women's Rights and Interests stipulates that employers shall not reduce the wages and benefits of female employees due to maternity leave, which further increases the protection of the labor rights of women who have given birth, actively responds to the challenges brought by the adjustment of fertility policies, and provides support for women to better balance fertility and career.

Article 48 The employing unit shall not reduce the wages and welfare benefits of female staff and workers due to marriage, pregnancy, maternity leave, breast-feeding, etc., restrict the promotion, promotion, evaluation and employment of professional and technical titles and positions of female staff and workers, dismiss female staff and workers, and unilaterally terminate labor (employment) contracts or service agreements.

When a female employee is pregnant and legally entitled to maternity leave, if the labor (employment) contract or service agreement expires, the term of the labor (employment) contract or service agreement will automatically extend to the end of the maternity leave. However, except that the employer cancels or terminates the labor (employment) contract or service agreement in accordance with the law, or the female employee requests to cancel or terminate the labor (employment) contract or service agreement in accordance with the law.

Employers shall not discriminate against women on the grounds of sex when implementing the national retirement system.



Highlights 8 The marriage registration authority should provide marriage and family counseling services

Newly married couples can not adapt to the change of status, and are prone to family conflicts. The newly revised Law on the Protection of Women's Rights and Interests requires marriage registration authorities to provide marriage and family counseling services, hand in hand teach everyone how to manage marriage, and help "Xiaobai" pass the novice period in a friendly way, which not only protects the weaker women in marriage, but also fully reflects the comprehensiveness of China's marriage system.

Article 63 The marriage registration authority shall provide marriage and family counseling services and guide the parties to establish equal, harmonious and civilized marriage and family relations.



Highlight 9 The wife enjoys the right of joint registration of the husband and wife's common property

In terms of property rights, the newly revised Law on the Protection of Women's Rights and Interests has increased the rights of women to require their names to be recorded in the joint property of husband and wife, which provides a clear legal basis for women to confirm and express the joint property of husband and wife, and also lays a foundation for the determination of the scope of joint property in divorce disputes.

Article 66 Women shall have equal rights with their spouses to possess, use, benefit from and dispose of the joint property of husband and wife, and shall not be affected by the income status of both parties.

For the immovables jointly owned by the husband and wife and the movables that can be registered jointly, the wife has the right to request that their names be recorded on the ownership certificate; If it believes that the recorded obligee, subject matter, right proportion and other matters are wrong, it has the right to apply for correction registration or objection registration according to law, and the relevant institutions shall go through the corresponding registration procedures according to its application according to law.



Highlights 10 newly added Public interest litigation and supporting litigation

The newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates public interest litigation, support for prosecution and other relief means for procuratorial organs, which provides a realistic way and effective judicial protection for the realization of women's rights and interests, thus making the way to protect women's rights and interests newer, more dynamic, and the system more perfect.


When you encounter the following situations, you can report to the procuratorial organ in time, and the procuratorial organ will "escort" you.

Article 77 Where the lawful rights and interests of women are infringed upon and the social and public interests are damaged, the procuratorial organs may issue procuratorial suggestions; Under any of the following circumstances, The procuratorial organ may bring a public interest lawsuit according to law :

(1) When confirming the membership of rural women's collective economic organizations, women's rights and interests are infringed or women's rights and interests in rural land contracting and collective income, compensation and distribution rights and interests for land acquisition and requisition, and rights and interests in the use of house sites are infringed;

(2) Infringe women's equal employment rights;

(3) Relevant units failed to take reasonable measures to prevent and stop sexual harassment;

(4) Deploring and damaging women's personality through mass media or other means;

(5) Other serious violations of women's rights and interests.

Article 78 State organs, public organizations, enterprises and institutions may support the infringed women to bring a suit in a people's court against acts that infringe upon women's rights and interests.


Wuhu Procuratorate will focus on

In the field of women's rights and interests protection,

We should give full play to the procuratorial function of public interest litigation,

Love protects every "she".