The company's maternity leave is only 98 days, and does not reward female employees for 80 days?The court was sentenced!

The "Employee Manual" stipulates that there are only 98 days of maternity leave. The "Guangdong Provincial Population and Family Planning Regulations" stipulates that "couples who comply with laws and regulations to regulate children, and women enjoy the 80 -day reward leave." Fake?

The post -90s female employee Zhao was pregnant after marriage, and the due date was November 2021. Zhao applied to the company in advance for the 178 -day maternity leave in accordance with the regulations, communicated with the company's manpower supervisor and started maternity leave for leave in the nail system. The company restricted the number of maternity leave in the nail system of only 98 days. In the end, the company was approved only 98 days of maternity leave on the grounds that the "Employee Manual" was only approved on the grounds of only 98 maternity leave, and maternity leave until February 15, 2022.

Zhao believes that in accordance with the "Special Regulations for the Implementation of Women's Workers' Labor Protection" and "Regulations on the Population and Family Planning of Guangdong Province", in addition to the 98 -day maternity leave, Zhao complies with the laws and regulations and regulations. The reward leave of heaven should be rested until May 7, 2022. However, when Zhao Mou had a leave of maternity leave for 98 days, the company issued the "Notice of urging to return to the job or the proposed labor relationship" to Zhao, repeatedly urged and asked Zhao to return to work, and informed that if he did not come back to work, it was deemed to be self -proclaimed as herself. Resign and voluntarily abandon all legitimate rights. Zhao did not return to work on the grounds that he had maternity leave in accordance with the law.

Since then, the company regards Zhao's automatic resignation and voluntarily abandon all the rights enjoyed, and has lifted the labor relationship with Zhao. Zhao filed a lawsuit with the court, asking the company to pay for the rewarded leave, the difference in maternity leave wages, the salary difference, the wage difference, and the loss of wages during breastfeeding.

The court trial of the first instance believes that according to Article 13 of the "Regulations on the Population and Family Planning of Guangdong Province", "couples who comply with the laws and regulations and regulations, and the woman enjoys the 80 -day reward leave" It is stipulated that the 80 -day reward leave should be enjoyed. This is Zhao's legal right, and the company has no right to deprive. The company illegally deprives Zhao's rewarding rights and interests that should be enjoyed in accordance with the law, and has no facts and legal basis for the relief of Zhao's labor relationship with Zhao's absence. The company's illegal termination of labor contracts shall pay Zhao Mou's illegal termination of the labor contract compensation. According to Article 24 of the "Regulations on Wage Payment of Guangdong Province", when the workers are treated for treatment due to illness or non -due injuries, the employer shall Relevant regulations pay the wages of disease injury holidays. Therefore, the court approved that Zhao advocated the company's claim to deduct the salary of his check -up holiday, and the company should pay Zhao to pay the wage difference during the period. According to Article 5 of the "Special Regulations for Women's Workers' Labor Protection", female employees shall not terminate the labor contract during breastfeeding, and the contract period should be continued until the breastfeeding period expires. Due to the company's illegal termination of labor contracts and led to the loss of treatment, the defendant should pay Zhao's wage loss to breastfeeding.

Maintain the legitimate rights and interests and special interests of female employees, be related to the development of women's cause in the new era, and the implementation of the basic national policy of equality between men and women. Relevant laws in my country stipulate special protection for their labor rights and interests for special circumstances. However, in reality, the phenomenon of illegal termination of labor contracts due to female employees' pregnancy, production, and breastfeeding is common.

In this case, the company refused to give a 80 -day reward leave in accordance with the regulations on the grounds of 98 land leaves, and urged the fertility female employees to return to post when the 98th land holiday expired. Although the workers must abide by the management system of the employer, the management system must be based on the premise of legal. The employer can only give a 98 -day legal maternity leave on the grounds of the rules and regulations and refuse to give the 80 -day reward. In the case of not returning to the post, the labor contract was directly lifted, which seriously infringed the labor rights and interests of the female employees. The court determined that the company illegally deprived of the fertility female employees to enjoy fake rights and interests in accordance with the law, and to relieve the labor relationship with fertility female employees on the grounds of absentee fertility female workers. Without facts and legal basis, the company should pay illegal termination of labor contract compensation and compensation for labor contracts and compensation for labor contracts. Payment of maternity leave wages and loss of wages during lactation are important manifestations of protecting women's labor rights and strengthening judicial protection of women's rights and interests.

Text: Panyu Rong Media Reporter Chen Xiaojie Correspondent He Minmen

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