Recruitment Of "Male Priority" Is Illegal

Q: is it legal to write "men first" or "not to recruit women"?

Answer: This is suspected of being a woman.

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The first paragraph of article twenty-third of the law of the People's Republic of China on the protection of women's rights and interests stipulates that when employing units, no unit can refuse to employ women or raise the employment standards for women, except for jobs or jobs that are not suitable for women.

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"Article twenty-seventh provides that the state guarantees that women enjoy equal labor rights with men.

The sixty-second provision stipulates that in violation of the provisions of this law, the implementation of employment discrimination, workers can bring a lawsuit to the people's court.

Q: is it lawful for employers to stipulate in their labor contracts that they are not allowed to marry or not to have children in three years?

Answer: illegal! The twenty-third article and second paragraph of the law of the People's Republic of China on the protection of women's rights and interests.

When hiring female workers, each unit should sign labor contract or service agreement according to law, and labor contract and service agreement shall not stipulate restrictions on the marriage and childbearing of female workers.

The twenty-seventh paragraph and the third paragraph of the Employment Promotion Law stipulate that employers employ female workers and shall not stipulate restrictions on the marriage and childbearing of female workers in the labor contract.

Even if there is a similar agreement in the labor contract, it is also invalid.

Suggestion: in order to get a good job, if the employer has to write such a clause, there is no need to make tit for tat and resolute not to follow it. Why not push the boat and sign it, and it will not affect its legitimate rights and interests.

Question: did not tell the fact that the company was pregnant at the time of entry, and the company had to conceal the fact of fraud and dismissal was legal after the entry of the job.

A: in judicial practice, dismissal is generally considered illegal.

The behavior of employers actually limits the right of pregnant women to obtain equal employment, which is not only contrary to social public order, but also discrimination against pregnant women.

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Mr. Yang: I am an employee of an economic and trade company. I have been in employment for more than 7 years. The deadline for labor contract concluded with me is December 31, 2018.

The unit is a private enterprise. In the past two years, the efficiency has not been good, and we are going from bad to worse. We heard that the company may cancel its business license in the near future.

Excuse me, what if we shut down our employees?

Lawyer: according to the relevant provisions of the company law, the company should make liquidation before cancellation.

Wages, social insurance premiums and statutory compensation should be paid in liquidation, which is a necessary procedure for the cancellation of the company.

In addition, the forty-fourth provision of the labor contract law stipulates that, in one of the following cases, the labor contract shall be terminated:...

(four) the employing unit has been declared bankrupt according to law; (five) the employer has been revoked the business license, ordered to close down, revoked, or the employer decided to dissolve it in advance; "

If the employer terminates the labor contract in accordance with the above statutory conditions, the employer shall also pay for the economic compensation for the termination of the labor contract in accordance with the forty-sixth provision of the labor contract law.

Therefore, if you want to cancel the company, the company shall terminate or terminate the labor contract with the employee and pay the economic compensation before cancellation.