People walk into the palace of marriage, and then the crystallization of love is born, which is worth a happy event.However, during the workplace life, pregnant women are facing a lot of difficulties.How to return to the workplace after conceiving in October, will it have an impact on the promotion of work in pregnancy? This is a question worth thinking about.Even some companies feel that pregnant women will delay time from pregnancy to production, so they will dismiss them at the expense of the labor law.
So in the face of this situation, how does pregnant women need their rights?How will the law be judged.Today we are the following cases as a blueprint. Let’s analyze the results of the judgment and the analysis of the relevant legal theory, and explore the dialectical relationship between equal employment rights and labor protection in labor disputes.
Ms. A is a senior staff of a certain multinational company who needs to be restricted for maternity leave due to pregnancy.However, the company was fired shortly after learning that he was pregnant on the grounds of so -called economic reasons and refused to pay the salary during maternity leave.Ms. A believes that she has been treated with gender discrimination and violations of labor law, and immediately issued a lawsuit to the Labor Arbitration Commission.
After the Labor Arbitration Commission was tried, the final decision was as follows: It is determined that the company has gender discrimination and violates the requirements of the labor law.
According to the Labor Law of the People’s Republic of China, employers shall not terminate labor contracts during pregnancy, output, and lactation during the pregnancy of female employees.
Therefore, the company’s behavior that violates the labor law will definitely be punished by law.
In the case of labor disputes, the concept of labor protection is crucial.As a pregnant woman, Ms. A should get special protection and enjoy the right to maternity leave.The company’s dismissal violates the protection of pregnant women in the labor law.As a result, the company not only required the company to pay the salary during maternity leave, but also gave Ms. A a certain amount of compensation.This comprehensively protects the legitimate rights and interests of the victims and punishs the company’s illegal acts accordingly
From the above case, the result of the judgment reflects the emphasis on equal employment rights.Gender discrimination is a serious violation of equal employment rights. The law should stop and punish this to provide protection for pregnant female employees.At the same time, this also warns that we cannot discriminate against or even dismiss pregnant women in the workplace, otherwise they will be punished by law.
Through the analysis of the above case, we can see that there is an important and complex relationship between equal employment rights and labor protection in the case of labor disputes.The law should protect the equal rights and interests of workers, and also emphasize the protection of individual special rights and interests of workers.Employers must abide by the labor law and provide employees with a fair and equal employment environment.For workers who are discriminated against or fired illegally, they have the right to safeguard their legitimate rights and interests in accordance with the law.
In the future, all sectors of society should strengthen the popularity of labor legal knowledge, and increase the understanding of employers and employees’ understanding of relevant laws and regulations.At the same time, relevant departments should also increase labor supervision to ensure the implementation of the labor law.Can’t discriminate against pregnant women in the workplace.Only through the joint efforts of law and society can we realize the organic unity of equal employment rights and labor protection, and promote the harmony and stability of labor relations.