Women'S Dismissal In Men'S Wear Is Inconsistent With The Requirements Of The Unit.
"If I have a problem with my work ability and attitude, I will accept my dismissal, but if this is the case, I feel a bit excessive." yesterday afternoon, Xiao Chen (a pseudonym) of the public told reporters that he was working in a medical center in Guiyang (the heart of the charity health examination) was dismissed by the company a week later, and the reason was "because she loved men's clothing and the image was not consistent with the company's requirements."
For this reason, Xiao Chen applied for labor arbitration in Guiyang Yunyan District Labor Arbitration Committee on 7 March, hoping to get a fair treatment of the matter and compensate for his losses.
Xiao Chen said he was recruited as a health marketing consultant in Guiyang last April.
At the time of entry, they did not ask for dress and personal dress, but Chen met the requirements in terms of education and so on.
After entering the office, Xiao Chen was arranged to study with a senior student. But after 7 working days, Xiao Chen was told not to come back to work again.
Xiao Chen inquired the reason for the company, and the reply was that she dressed up masculine and did not meet the requirements of the company.
"They say I am gay, damaging the image of the company!" Xiao Chen told reporters that she is 28 years old. Since junior high school, she has been dressed to be "masculine" and has been wearing men's wear all these years.
Xiao Chen said that he was very positive after he entered the job, hoping to do the job well.
Dismissed by the unit for such a reason, I feel very grieved, I hope the company can give respect.
At the same time, she worked for a week, even if she was dismissed, she should get the corresponding reward.
For Xiao Chen's argument, yesterday reporter contacted the director of the personnel department of his work unit, director Kim.
To this, director Kim said that because Chen was introduced by acquaintances, he did not ask for much in interviews and other links.
Later, Xiao Chen served as the company's health consultant. He mainly discussed cooperation with other units and companies. He often had contacts with leaders and veterans.
"Xiao Chen is really different from our requirements in dressing up."
Director Kim believes that boys and girls are
dress up
There should be obvious differences. Chen's masculinity is one of the reasons for her dismissal, but her image and temperament are not consistent with her unit requirements.
In addition, the company is willing to pay for Xiao Chen's remuneration during his work.
It's just because the boss is away on business and has to wait for a while.
On the afternoon of March 7th, Xiao Chen applied for the labor arbitration committee of Yunyan District, Guiyang.
Labor arbitration
It is requested that the Arbitration Commission confirm that the Tsing Ming health examination center has dismissal and refund the economic losses caused by arrears of wages and compensation.
"This is the first time we have encountered such a thing," the staff member of the labor arbitration committee of Yunyan District told reporters that there is no such case in the province at present. Xiao Chen has submitted relevant formalities, and later they will proceed according to the procedure.
Filing
。
As far as the current situation is concerned, Xiao Chen's appeal for wages is reasonable, and they will further understand the situation of both sides.
Yesterday, in response to the situation, the reporter consulted Liu Donglai lawyer of Guiyang Beijing Ying Ke law firm.
"During the probation period, the trial unit considers that the applicant is not suitable for the post, and can be discouraged, but still needs to pay the labor remuneration during this period."
According to Liu's lawyer, according to the labor contract law, if the employee is proved to be ineligible for employment during the probation period, or is not competent, the employer has the right to terminate the contract, but it needs to pay the remuneration.
The probationary period's salary must not be lower than the lowest wage of the same position of the unit, or eighty percent of the labor contract wage.
If Chen believes that the reasons for the company's dismissal are discriminatory, it is also necessary to provide evidence, such as giving evidence to colleagues at that time.
In 2015, during the two sessions of the National People's Congress, the delegates put forward the legislative proposal of the anti employment discrimination act, and successfully entered the legislative discussion procedure of the NPC. The two sessions that are being carried out this year will further discuss the feasibility of its legislation.
The anti discrimination provisions in the recommendations of the anti employment discrimination act include anti sexual discrimination based on sexual orientation, gender identification and gender expression.
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