How To Avoid Risks And Regulate The Three Phase Management Of Female Employees?

In order to protect the legitimate rights and interests of women workers, the law has given some special protection provisions to female workers. If they can not terminate the labor contract in the "three phase" (pregnancy, childbirth and lactation period) or terminate the labor contract in accordance with the law, and the female workers enjoy the proper wages and benefits and paid leave treatment in the three period, some enterprises in fact do not attach much importance to the three phase management of the female employees, and there are legal risks or labor disputes due to the unlawful operation. Then, I would like to ask:

1, your company for women workers The three phase What are the relevant regulations?

2, do you think there is any legal risk in the above practice? A, B, no

If so, how should we improve it? If not, what aspects should be affirmed and carried forward?

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The three stage protection of women workers is stipulated in the state laws and regulations. The special regulations on the protection of women workers' labor were adopted at the 200th executive meeting of the State Council in April 18, 2012 and implemented from the date of promulgation. In the special provisions on the protection of women workers' labor, there is a clear requirement for the intensity and scope of labor of female workers, and corresponding provisions are made in different periods. As stipulated in the three period:

Fifth: employers should not reduce their wages, dismissal, dissolve labor or employ contracts because of their pregnancy, childbirth and lactation.

Sixth: female workers can not adapt to the original labor during pregnancy. Company According to the proof of medical institutions, we should reduce labor volume or arrange other work that can be adapted. For female workers who are pregnant for more than seven months, the employer shall not extend the working hours or arrange night shift work, and shall arrange a rest time within the working hours. Pregnant women workers carry out antenatal examination during labor hours, and the time required is labor time.

The seventh item is: female workers enjoy 98 days' maternity leave, and they can take 15 days off before their estate. The dystocia increases their maternity leave for 15 days, giving birth to multiple births, giving birth to one baby each day, increasing maternity leave for 15 days. If the female workers are pregnant for 4 months, they will have 15 days' maternity leave. If they are pregnant for 4 months, they will enjoy 42 days' maternity leave.

Ninth: for female workers who have not breastfed for one year of age, employers should not extend their working hours or arrange night shift work. The employer should arrange 1 hours of lactation time for the lactating female workers during the working hours every day, and the female workers give birth to multiple births.

The above provisions stipulate the treatment and labor protection of the female workers in the three period, and the rules and regulations of the employing units must clarify the management methods for the three phase of the female employees. When the female workers enter the training, the training will be in place. The three stage women workers enjoy the conditions and requirements of the three stage treatment. There will be no big risk. Of course, in practice, there are enterprise Not in accordance with the above laws and regulations. The reason is that employees do not provide effective evidence, such as breaches of family planning law, extension of maternity leave or milk time, and so on. Thus causing labor disputes, to avoid these unnecessary disputes, employers in the company's rules and regulations should explain the three period of treatment of women workers, as well as enjoy the three basic treatment conditions, the company does not have the right to refuse.

Basically, most employers will pay the corresponding treatment to the three stage female workers according to the above regulations. The premise is that they must provide valid documents. During pregnancy, they are required to provide [marriage and quasi birth certificate], and they can enjoy prenatal check rooms. The birth certificates should be provided during maternity leave and lactation period. These documents must be issued by the relevant government agencies, and the original will be provided to the personnel administration department. The head of the personnel administration department will confirm the authenticity and copy the files, and then return the original to the parties concerned.

Case 1: once encountered a female worker, providing false sex in the maternity leave, not a legitimate second child. In order to enjoy three months of maternity leave, a pardon (quasi birth certificate) is provided outside the home. Before the maternity leave, it is provided to the personnel administration department. When the head of the Department is confirmed as a virtual member, the officer also denies that it is a * * * *, after the confirmation of the authorities concerned, she has nothing to say. If the company rules and regulations, when using false information to deceive the company, it is necessary to punish. Later, the employee asked for a three month holiday with a pleading attitude. After considering the usual performance and the importance of the position, the company finally agreed to her leave without pay. It is understood that the company did not impose penalties on the use of * * * * *. After the end of the holiday, the member returned to work normally because she used false information before asking for leave, and later worked harder than before.

Case two: a female worker is not pregnant before pregnancy, and does not provide valid [marriage certificate] and "quasi birth certificate" before pregnancy and maternity leave. If there is no certificate support during the maternity leave, HR will communicate with the employees, ask for the relevant certificates to be provided in time after the vacation is sent to work, only to enjoy the three phase of the female workers (pregnancy inspection holidays, maternity leave, breastfeeding leave), but the parties will automatically give up the treatment if they work.

Case three: a female worker violates the family planning law to have a second child. In violation of the law, she does not receive the "birth certificate" issued by the family planning department. When paid for prenatal examination, she is asked to give paid leave, because she did not provide a birth certificate to the administrative department and was refused. Finally, she took a sick leave or a leave of absence. When the baby was born, she asked for a maternity leave, but there was no support for the relevant documents. The Ministry of administration told her that she could ask for leave first. After the end of the holiday, she would bring the original birth certificate and the child's birth certificate to the personnel administration department, and then give the maternity leave wages.

After the workers finished their work on holidays, they asked the company to give three months' maternity leave wages. Because the worker is against the birth control law, there is no "birth certificate". [birth certificate] Yes, according to the company's rules and regulations, a birth certificate is not entitled to maternity leave pay, and we must have complete information. The employee submitted an arbitration to the local labor and social security department, which required the company to pay three months' maternity leave and enjoy an hour of lactation every day until the child was one year old. After arbitration, the employee loses. The reason for losing the lawsuit is that the member is in violation of national laws and regulations - family planning law, and the enterprise is obliged to safeguard the relevant laws and regulations of the state, and the labor and social security department supports the employing units.