The 7 Provincial Family Planning Ordinance Stipulates That Enterprises Can Expel Super Employees.

After the announcement of the comprehensive two child policy, all parts of the country have been revising the penalty provisions for the super life.

According to the statistics of reporters, in addition to Xinjiang and Tibet, 29 local provinces have already revised their local family planning regulations.

Among them, the 14 provinces' Family Planning Ordinance stipulates that public officers violate the family planning policy and can be expelled.

What about the employees? Statistics show that the family planning ordinance in 7 provinces stipulates that enterprises can be expelled from their employees.

The 7 provinces are Hainan, Guangdong, Fujian, Zhejiang, Jiangxi, Guizhou and Yunnan.

Among them, 4 provinces in Guangdong, Hainan, Yunnan and Guizhou require enterprises to directly expel employees.

Hainan, Yunnan and Guizhou stipulate that employees should be expelled, regardless of whether they are state-owned or private.

Hainan stipulates that the staff members of organs, social organizations and enterprises and institutions are super born and shall be dismissed or dismissed.

Yunnan stipulates that in violation of the provisions of this regulation, many children are born. According to the regulations on the collection and management of social maintenance fees in Yunnan, the social maintenance fees are collected separately by the husband and wife, which belong to organs, public institutions and social organizations.

Guizhou stipulates that those who violate the provisions of this Regulation shall be expelled from the staff of state organs and employees of enterprises and institutions, and the social maintenance fees shall be levied.

But most provinces distinguish the nature of the enterprises from their punishment.

For example, Guangdong only expels employees from state-owned enterprises and township enterprises: "state owned enterprises, state holding enterprises and township collective enterprises should be dismissed or terminate their employment contracts for their super employees."

Anhui only gives sanctions to the employees of state enterprises who are super born, in accordance with the relevant regulations of the state.

Employees in private enterprises are born in addition to paying the society.

What sanctions will be faced? Beijing stipulates that "employees of organs, enterprises, institutions, social organizations and other organizations who violate the provisions of this Regulation shall be given disciplinary sanction or disciplinary sanction by their units."

In addition to paying social maintenance fees, what are the penalties for individual businesses? In Ningxia, it is proposed that violating the provisions of the extra child is a legal representative of the private enterprise and an individual industrial and commercial household.

Reporter statistics found that 4 provinces require enterprises to discharge their personnel directly.

They are: Guangdong, Hainan, Yunnan and Guizhou.

In addition, 3 provinces were excluded from the serious circumstances, namely, Fujian, Zhejiang and Jiangxi.

If Jiangxi stipulates that the state workers, institutions and all kinds of enterprise employees do not meet the conditions stipulated in the ninth provision of this regulation, they will be given birth or bigamy. In addition to collecting social maintenance fees according to the regulations, they should also be demoted or dismissal. If the circumstances are serious, they shall be dismissed or terminated.

In other words, Fujian stipulates that a staff member of an enterprise or public institution or a social organization shall be punished by the unit or organization in which he or she is referring to the state personnel.

The regulations stipulate that "the unit or the higher authorities should be punished according to the relevant regulations. If the circumstances are serious, they shall be dismissed from public office".

Combing reporters found that 3 provinces of Zhejiang, Jiangsu and Hainan stipulate that if

The unit shall not be appraised as an advanced unit and shall not be rewarded.

In Zhejiang, staff members of organs, organizations, enterprises, institutions and other organizations do not meet the statutory conditions for multiple births. The units in that year shall not be rated as civilized units or advanced units, and no honorary titles may be granted.

Jiangsu clearly stipulates that where a citizen breaches the regulation of fertility, where he is born

And the principal person in charge of the unit and the person in charge of the management responsibility shall not be commended or rewarded.

Hainan requires that the organs, social organizations and enterprises and organizations are over born, and their units shall not be rated as advanced or honorary titles or participate in the selection of comprehensive awards within three years, and the relevant responsibilities of their legal representatives or principal responsible persons shall be investigated.

In addition, Ningxia proposed that the super child is the legal representative of the private enterprise and the individual industrial and commercial household, and cancels the various preferential policies of the autonomous region enjoyed by individuals and their units.

According to public reports, on the eve of the 38 women's day in 2015, the second intermediate people's Court of Beijing held a news briefing on women's rights and interests protection cases. It clearly stated that "employers do not have the right to expel their employees". One is that ordinary workers are not "state workers" stipulated in the law on population and planning, and two are employees of ordinary enterprises. Even if they violate the family planning policy, employers can only make "disciplinary actions", and the dissolution of labor relations is not a "disciplinary action".

The judge of the second middle court of Beijing pointed out that the illegal birth of a second child should be handled by the competent administrative department, and the employer has no right to punish or expel.

If the employer has made a stipulation in advance, it can be punished according to the regulations.

The national legislation on family planning is the 2001 Population and family planning law. The law stipulates that in addition to paying social maintenance fees, state workers should also be given administrative sanctions according to law.

That is to say, the responsibilities of state workers and ordinary people are different, and the former is more responsible.