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The Rights Of Female Employees 123

2008/12/19 16:22:00 41909

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National People's Congress

Women's rights and interests

When the draft amendment to the safeguard law was added, "employers should take measures to prevent sexual harassment in the workplace", which aroused social concern for women's rights and interests.

Generally, the general working women only vaguely know that the "three phase" can not arbitrarily terminate the labor contract. In fact, the protection of the working women in the country is multifaceted. As a career woman, one should know the most basic one.

Labor rights

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　　禁止就業性別歧視

In some newspapers and periodicals, we found gender restricted recruitment advertisements. Although some companies did not have gender restrictions on recruitment, they could shut out women once they entered the interview stage.

Some units and departments are serious about the idea of "better men than women".

Changing posts and changing salaries

The way to infringe upon the legitimate interests of women workers.

Women's rights and interests in the workplace are still being infringed from the results of the survey on the status of women in China, led by the all China Women's Federation.

The survey shows that women are more difficult to find jobs than men. 49.7% of female employees feel that they are discriminated against by age and sex when they are re employed, 18.9% higher than those of laid off workers, and 6.6% of those who are 18 to 64 years old.

The average annual income of urban employment women is about 70.1% of that of men's income. From the perspective of income distribution, the annual income of urban employment women is less than 5000 yuan, accounting for 47.4%, while that of low-income women is 19.3% higher than that of men, while that of women with annual income above 15 thousand yuan is 6.1%, while that of middle-income women is 6.6% lower than that of men.

The income gap between men and women is directly related to employment status and occupation level.

Women tend to focus more on low earning occupations; in the same profession, women are lower in rank than men.

The proportion of women in all kinds of responsible persons accounted for 6.1%, accounting for 22.8% of all kinds of professional and technical personnel, but in these two occupations, the proportion of women's income in the same male income was only 57.9% and 68.3%, lower than the average level.

In terms of equality between men and women and the protection of women's rights and interests, the state and Shanghai have issued a series of laws and regulations, including the labor law, the law on the protection of women's rights and interests, the regulations on the protection of women workers' labor and the labor protection law of Shanghai women workers.

In terms of employment, the law stipulates that women enjoy equal employment rights with men. "Any unit suitable for women to engage in labour must not refuse to recruit female workers. When units arrange jobs for women workers, they must not discriminate and restrict them in any way."

When employing units, employers should not refuse to hire women or raise employment standards for women, except for jobs and jobs that are not suitable for women.

In terms of wages, the law stipulates the principle of equal pay for equal work, and insists on equality between men and women in the promotion, promotion and assessment of professional skills, and shall not discriminate against women.

　　生育“三期”工資如何計算

During maternity leave, if the employee has taken part in the maternity insurance, the maternity leave fund can be paid by the maternity insurance fund according to the provisions of the maternity insurance. The standard is the base of the social insurance payment for the year.

At the same time, they can also receive maternity benefits and medical allowances, and their units will no longer pay maternity leave wages.

Maternity leave allowance is paid by the maternity insurance fund according to the monthly average wage of the workers in the previous year.

The inspection fee, delivery fee, operation fee, hospitalization fee and drug fee of the female workers shall be paid by the maternity insurance fund.

The medical expenses and drug charges beyond the prescribed medical expenses (including drug charges for self medications and nutritional drugs) are borne by the employees.

My average monthly wage income in the previous year was higher than the average monthly wage of 300% of the workers in the whole city. More than part of the salary was not included in the base of payment. The maternity insurance fund did not pay more than the part, which was higher than the average monthly wage of the whole city. The 300% part should be paid by the unit in the form of maternity allowances.

After childbirth, the medical expenses for diseases caused by childbirth shall be paid by the maternity insurance fund, and the medical expenses of other diseases shall be handled according to the provisions of medical insurance benefits.

If the female workers are required to rest after illness due to illness, they shall be treated according to the relevant treatment for sick leave and medical insurance benefits.

If a worker's unit does not participate in maternity insurance, the wages during normal working period shall be paid according to the regulations during maternity leave.

The other treatment of maternity insurance should be borne solely by female employees.

In case of special circumstances, when childbearing women who are born outside the medical institutions outside Shanghai apply for the treatment of maternity insurance benefits, the production certificate and birth certificate issued by the local medical institutions above the county level shall be provided.

The eligible women who are not born in the city's household registration, who apply for the treatment of maternity insurance, must provide the family planning certificate issued by the family planning administrative department at the place where the household register is located and the "application for birth insurance benefits family planning examination form" issued by the family planning administrative Department of the street (town).

　　產前假有什么待遇規定

Some enterprises will be pregnant women workers in labor time for prenatal examination time for sick leave, absence from work, etc., infringing on the legitimate rights and interests of female workers.

In order to correct these erroneous practices, the "labor protection measures for female workers in Shanghai" clearly stipulates: "during the period of pregnancy, the antenatal examination (including the initial investigation within twelve weeks of gestation) should be regarded as labor time".

At the same time, according to the relevant provisions of the city: pregnancy for more than 7 months, such as work permit, after I apply, the unit approval, may be prenatal leave, prenatal leave 2 and a half months, the 80% of my maternity leave wages, for attendance; do not ask for prenatal leave, work every day to rest for an hour, do not arrange night shift, to give normal work treatment.

　　哺乳假和哺乳時間有何規定

In 1990, the Shanghai Municipal People's Government pmitted the "Shanghai Labor Insurance (90) No. 109" document issued by the former Shanghai Labor Bureau with "36 orders of Shanghai government (90)".

This document stipulates that (if female workers) expire on their maternity leave, if they have difficulties and work permits, they may apply for breastfeeding if I apply for the approval of the leader.

The holidays are 6 and a half months.

At the same time, the relevant documents stipulate that during the 6 and a half months of breastfeeding, the wages shall not be lower than 80% of the original wage income.

Breastfeeding time is stipulated in this way: "do not enjoy breastfeeding or after breastfeeding?" during the first year of life, infants are given daily lactation, two times a day, 30 minutes each time. The number of babies born with multiple births is increased by 30 minutes each time. When the baby is full of one year of age, it is confirmed that the medical institutions in the district and county level are physically weak, and can extend the lactation leave, up to no more than 6 months.

The time of lactation and the time of breast-feeding in the unit are counted as working hours. "According to the interpretation of the relevant issues in the labor protection measures of women workers in Shanghai" by the Labor Bureau of Shanghai City, "frail children" refers to infants suffering from rickets (except for clinical physical symptoms, confirmed by blood biochemical or carpal radiography), anemia (Hb is less than or equal to 9 grams), malnutrition, severe congenital malformations (such as congenital heart disease, hypoplasia of the brain, cleft lip and palate, etc.) and 3 times in a year.

Which female workers have one day's public holiday?

"Shanghai women workers' labor protection measures" stipulates: "women workers engaged in high altitude, low temperature, cold water, field flow and third level manual labor intensity stipulated by the state should be temporarily pferred to other jobs during the menstrual period or for a day off.

Women workers who are in the front line of production should also be taken care of during menstruation. "

The third interpretation of the relevant issues in the "labor protection measures for women workers in Shanghai" is explained by the Labor Bureau of Shanghai. The field work is interpreted as "refers to the open-air operations such as building, municipal construction, dock loading and unloading". In addition, the female workers in other front-line production are stipulated as follows: "women workers engaged in the production of the first line for long standing and walking operations, such as textile blocks, should be given a day off or take care of the public holidays according to the specific circumstances."

According to the above regulations, there are six types of female workers who can take care of a day's public holidays during the period: one is the female workers who work at high altitude; the two is the low-level operation of the female workers; the three is the female workers engaged in cold water operations; the four is the construction workers, the municipal construction, the wharf handling and other field work women workers; the five is the third class manual labor intensity workers who are prescribed by the state; six is the first line female workers who are engaged in the long standing walk operation.

　　權利受到侵害時怎么辦

In order to ensure the implementation of the regulations on the protection of women workers, we should earnestly safeguard the legitimate rights and interests of women workers.

"The measures for the protection of female workers in Shanghai" stipulate that "when the rights and interests of women workers are infringed upon, they shall have the right to lodge a complaint with the higher authorities in their respective units or the Labor Department of the county in accordance with the relevant regulations of the State Council.

The department accepting the complaint shall make a processing decision within 30 days from the date of receiving the complaint.

If a female worker disagrees with the decision, he may bring a suit in a people's court within 15 days from the date of receiving the decision. "

According to the regulations, when women workers' rights of special labor protection are infringed, the female workers can take three ways to safeguard their legitimate rights and interests.

First, appeal to the competent departments of enterprises.

The two is to appeal to the labor supervision department.

The three is to apply for arbitration to the labor dispute arbitration committee.

If the labor administrative department refuses to accept the decision, it may also bring a suit in a people's court.

Editor: vivi