Transferred from: China Industrial Network
The original title: "Married and Unmarried", the frustration of female job seekers should not be confused
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According to the report of Pengpai News Network on May 5, a case disclosed by the People's Court of Haidian District, Beijing recently showed that a married female worker filled in the "marital status" column of the entry registration form with "unmarried". After the enterprise found out that she had terminated the labor contract on the ground of concealing and forging personal experience, the woman sued the company to the court. After hearing, the court held that the marital status was not the basic situation directly related to the labor contract, and the workers hid their marital status for fear of being discriminated against and losing job opportunities. Therefore, the dismissal of workers by enterprises constituted the illegal termination of the labor contract between both parties, and compensation for illegal termination of the labor contract should be paid.
In the recruitment process, enterprises pay primary attention to the ability of workers and job matching, but some enterprises often pay special attention to the marriage and childbearing status of female job seekers in consideration of factors such as the possibility of female employees having children in the future and the cost that the enterprise will bear when breastfeeding, and explicitly or implicitly restrict the recruitment, such as asking whether there is family planning It is required to sign a non fertility agreement. In reality, there are still many unfair treatments for female workers, such as being marginalized or even losing promotion opportunities during pregnancy or lactation, explicitly requiring men to give priority to general job recruitment, being assigned to inappropriate positions, and then terminating the labor contract on the grounds of "ability mismatch"
These practices undoubtedly undermine the equal employment rights of female workers. The above reported judgment of the Chinese Court of Justice is a powerful blow to this unfair phenomenon, sending a clear signal to protect women's legitimate rights and interests and safeguard the fairness and justice of the labor market, and also ringing an alarm bell for the human resource management of enterprises - enterprises should establish a scientific human resource management system, pay more attention to the ability, performance and potential of employees, Avoid taking gender, marital status and other personal information as evaluation criteria.
It is a long-term work to eliminate the employment inequality caused by gender and physiological factors, which needs to be jointly promoted by all parties. For example, enterprises in Guangdong and other places provide more career development opportunities for female employees with children, help them improve their skills, and at the same time, make new tracks and possibilities for enterprise development; Some places set up night classes to help women workers improve their personal skills
In recent years, trade unions at all levels have made many efforts to promote employers to establish and improve the gender equality system and mechanism in the workplace, and coordinate the handling of gender discrimination. For example, the Labor Law Supervision Measures of Trade Unions was formulated, which included employment discrimination and other issues in the focus of supervision; The promotion of gender equality in the workplace will be included in the training courses for female trade union staff cadres, and the concept advocacy and knowledge popularization activities will be carried out in various forms and channels; Cooperate with multiple departments to carry out special inspection on safeguarding the labor rights and interests of women workers... At this year's two sessions of the National People's Congress, there were also many representative members who put forward suggestions on the protection of women workers' rights and interests, such as the protection of reproductive rights and interests, improving skills to promote employment equity.
In the long run, we also need to form the concept, consensus and public opinion atmosphere of gender equality and anti employment discrimination in the whole society. For example, strengthen the publicity of anti employment discrimination laws and regulations, and improve the legal awareness of enterprises and the public; Establish and improve the complaint and handling mechanism of employment discrimination to protect the legitimate rights and interests of workers; Encourage enterprises to establish diversified recruitment standards, pay attention to the actual working ability and potential of workers, etc.
The female job seekers' helplessness of "getting married and filling in the unmarried" should not and must not be confused all the time. Only by effectively eliminating gender discrimination, marriage and childbearing discrimination in the workplace and creating a fair, inclusive and diverse working environment can workers fully display their talents in fair workplace competition and achieve a win-win situation in terms of personal value, corporate interests and social benefits.
