Female employees have been fired about marriage and childbirth?Heated discussion among netizens

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Topic#Women's joining for marriage and childbirth

Limited labor contract#

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Some netizens read the topic unknown details

Point the spear to the woman "falsely report"

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Someone reminds that the truth should be--

"Women's entry and false report on marriage and childbirth

It was sentenced to illegal labor contracts and was sentenced to illegal "

According to the law of Chinese law, Chen Xiaoli (pseudonym) joined Tianjin Baodo Sheng Company on June 15, 2020 as the project cashier, and the two parties signed a labor contract. When Chen Xiaoli filled in the "Application Form" and "Human Resources Information Collection Form" when applying for employment, she reported her marriage and childbirth.

On March 12, 2021, the company issued the "Notice of Labor Contract" to provide false materials and false information when Chen Xiaoli applied for and filled out the "Human Resources Information Collection Form". "Handbook" stipulates and seriously violates the company's rules and regulations, and proposes to terminate the labor contract with Chen Xiaoli from March 13, 2021.

After being terminated by the company, Chen Xiaoli applied for arbitration to ask the company to continue the labor contract. Chen Xiaoli refused to accept the ruling and filed a lawsuit. Chen Xiaoli believes that the information she concealed belongs to her personal privacy and has no obligation to inform the company.

Judgment of the first instance:

Visabilities for personal marriage and childbirth during employment

Do not constitute fraud

The court of first instance believes that in this case, although Chen Xiaoli is filled in the "Candidates' Registration Form" and "Human Resources Information Collection Form", the personal marriage and childbirth situation is reported, but the performance of marriage, fertility and labor contracts has no necessary relationship. It belongs to personal privacy. Essence Chen Xiaoli falsely reported that his personal marriage and childbirth during employment did not constitute a fraud.

The company advocated that Chen Xiaoli left his job without authorization and did not provide evidence to evidence. Therefore, the company lacks legal basis with Chen Xiaoli to terminate the labor contract and is an illegal termination of the contract.

In summary, the first instance court ruled that the company continued to perform the labor contract with Chen Xiaoli.

The company did not accept it and filed an appeal. He believed that the company's termination of labor relations complied with the law, and the company's business loss and the severe deterioration of cash flow. The labor contract between the two parties had no possibility of continuing to perform.

Judgment of the second instance:

Labor marriage and fertility status

It does not necessarily affect the ability to perform duties

The second instance of the Tianjin Third Intermediate People's Court believes that the job in this case is a cashier. According to the nature of their working nature, the marriage and fertility status of the workers do not necessarily affect her ability to perform their duties. "Resource Information Collection Form" is falsely reported, but the company does not enjoy the right to unilaterally terminate the labor contract.

The company also advocates its loss of losses and a serious deterioration of cash flow. The cashier position has been revoked and does not have the conditions to continue to perform the labor contract. In this regard, the court believes that even if the cashier's position is canceled, the company should negotiate with Chen Xiaoli to exchange jobs instead of unilaterally to unilaterally relieve labor relations. The claim is that there is no basis for law, and the court will not support it.

The judgment of the second instance is as follows: Reject the appeal and maintain the original judgment.

Do not restrict women employment for women on the grounds of gender

In 2019, the "Notice on Further Regulating Recruitment Behavior" issued by the Ministry of Human Resources and Social Security, Ministry of Education and other nine departments mentioned:

There must be no gender (except for the scope of labor scope of female employees stipulated in the state) or gender priority, not to restrict women's job employment for gender, refuse to recruit women, and do not ask women's marriage and childbirth. Do not restrict fertility as the conditions for hiring, and shall not differentiate the standards for employment for women.

Surging news commented: This case may make many women in the workplace feel relieved, but I have to say that making a verdict becomes a general case, a habit of correction is a habit, and there is still a long way to go. To solve the case together, let the employer converge the habit of "inquiring", and control the illegal operation space of workplace discrimination, it is worth working together.

Ask the female employee's marriage and childbirth?

The law is not allowed!

(Case number: (2022) Tianjin 03 Pinning No. 1732, the party's systemization name)

Source: China Youth Daily, China Pu Law, Shandong Gaofa, Surging News, etc.

Responsible editor: Wang Zimo

Edit: Sun Xiaoting Zhu Xiaofan

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