News from our newspaper (Reporter Xie Li) In order to implement the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", protect women's labor and social security rights, eliminate gender discrimination in employment, and standardize human resources and social security administrative penalties. "Notice on Printing and Distributing the "Beijing Human Resources and Social Security Administrative Punishment Benchmark Table (Part Involving the Law on the Protection of Women's Rights and Interests)"".
The notice clarifies that during the recruitment (hiring) process, employers refuse to recruit (hire) women on the grounds of gender or raise the recruitment (hiring) standards for women in a differentiated manner, or because of marriage, pregnancy, maternity leave, breastfeeding, etc., Acts such as lowering wages and welfare benefits of female employees can be fined up to 50,000 yuan.
The Municipal Human Resources and Social Security Bureau pointed out that on October 30, 2022, the 37th meeting of the Standing Committee of the 13th National People's Congress deliberated and passed the newly revised Law on the Protection of Women's Rights and Interests.
The "Law of the People's Republic of China on the Protection of Women's Rights and Interests" will come into effect on January 1, 2023.
The newly revised Law on the Protection of Women's Rights and Interests prohibits gender discrimination in employment, and clarifies that the principle of equality between men and women should be adhered to in terms of promotion, promotion, evaluation of professional and technical titles and positions, training, etc., and women should not be discriminated against.
It is clear that people's governments at all levels and relevant departments should improve employment security policies and measures, prevent and correct gender discrimination in employment, and create a fair employment and entrepreneurship environment for women.
Gender discrimination in the process of recruitment, admission, promotion, dismissal, etc. is included in the scope of labor security supervision.
The newly released "Discretionary Benchmark Table (Part Involving the Law on the Protection of Women's Rights and Interests)" includes the discretionary benchmarks for the five administrative penalty functions and powers involved in the "Women's Rights and Interests Protection Law", of which four are newly added and one is adjusted.
The specific contents include: during the recruitment (hiring) process, the employer refuses to recruit (hire) women on the grounds of gender or raises the recruitment (hiring) standards for women in a differentiated manner; Breastfeeding, etc., reducing the wages and benefits of female employees, restricting female employees from promotion, promotion, appraisal and employment of professional and technical titles and positions, dismissing female employees, unilaterally terminating labor (employment) contracts or service agreements; Termination of labor (employment) contracts or service agreements during the period of maternity leave in accordance with the law; when employers implement the national retirement system, they discriminate against women on the grounds of gender and other behaviors.
In response to the above-mentioned acts, the "Discretion Benchmark Table (Part Involving the Law on the Protection of Women's Rights and Interests)" clearly states that if the illegal act does not cause serious harmful consequences, but if more than five people are involved, a fine of more than 10,000 yuan to 50,000 yuan will be imposed, and an increase of 20,000 yuan will be imposed for each additional person. A fine of 1,000 yuan; if the person refuses to make corrections after being ordered to make corrections within a time limit, a fine of more than 10,000 yuan to 50,000 yuan will be imposed according to the number of people involved in the violation.
For each additional person, a fine of 5,000 yuan will be added; for serious violations, a fine of more than 30,000 yuan to 50,000 yuan will be imposed.
"The so-called serious violations mainly refer to the fact that the employer's violations have caused substantial damage to the personal, property, and employment of female workers, or formed bad public opinion, emergencies, and other adverse social consequences." City The relevant person in charge of the Human Resources and Social Security Bureau said.
The above-mentioned person in charge pointed out that, according to the legislative purpose of eliminating gender discrimination in employment and protecting women's labor and social security rights and interests, according to the Law on the Protection of Women's Rights and Interests, comprehensively considering the subjective factors of the offender, the circumstances of the violation, and the degree of social impact, "we determine Determine the discretionary standards for administrative punishment in terms of whether to order corrections and refuse to correct them, whether the violations involve a large number of people, whether they affect women's employment, life and health, and whether they cause adverse social impacts.