Focusing on extending maternity leave, issuing cash subsidies, and special protection during pregnancy and childbirth, many localities have introduced policies to relieve maternity worries for female employees
How to effectively implement advocacy policies attracts attention
Our reporter Liu Shanshan
"There are only 98 days of maternity leave. I took 3 more months, I have no salary, and I have to pay five insurances and one housing fund by myself. It is really difficult to find a balance between taking care of children and work!" , Li Huanhuan, a white-collar worker in Changchun, wanted to quit her job many times to be a full-time mother, but considering the various problems she might encounter when she re-entered the workplace, she still did not dare to take this step.
However, she admitted that she would definitely not consider the matter of having a second or third child.
After the country released the three-child policy, the society's attention to women's employment, vacation and other rights and interests continued unabated.
During this year's National People's Congress, how to implement the three-child birth policy and improve related supporting measures has become a hot topic.
Yue Ling, an associate professor at the China Institute of Labor Relations, said that a multi-participation maternity leave cost-sharing mechanism should be established to increase the government's responsibilities in it, reduce the pressure on employers and employees' families, and increase the willingness to bear children while safeguarding the employment rights of female employees.
The vacation is too long, I dare not take it off
Affected by the epidemic, Li Huanhuan took maternity leave one month in advance. When the 98-day maternity leave given by the company ended, the child was just two months old.
Li Huanhuan, who was unable to go to work immediately, took another 3 months of leave from the company. During these 3 months, not only did she have no salary, but she also had to bear the cost of five social insurances and one housing fund.
On March 30, 2016, the "Jilin Province Population and Family Planning Regulations" came into effect, stipulating that female employees can increase maternity leave by 60 days with a birth certificate, and give men 15 days of nursing leave. Their normal work treatment, wages and bonuses are paid, and other benefits remain unchanged.
In addition, female employees can extend maternity leave to one year upon their own application and the employer agrees. During the extended maternity leave, wages will be paid at 50% of the original amount, which does not affect salary adjustment, promotion, and calculation of seniority.
"For a private enterprise, one radish is one pit. If it wasn't for the lack of business at the time, it would have been difficult to ask for the three-month leave." Li Huanhuan said.
After returning to work, Li Huanhuan has an hour of breastfeeding leave every day. She arrives half an hour late and leaves half an hour early every day, but the company will deduct her half an hour's salary.
In order to take care of the children, she hired a nanny, who always wanted to raise her salary, otherwise she would have to resign.
Before and after, between bringing the baby and working, Li Huanhuan wanted to resign four times to be a full-time mother.
"I don't have the courage, I'm afraid that my value won't be recognized by my family after I don't have a job, I'm afraid that it will be uncomfortable to ask for money, I'm afraid that social security will be cut off and I'm afraid that I will be out of touch with the society when I look for a job again." Li Huanhuan said.
"Extending maternity-related holidays may look beautiful, but it will also restrict women's career development and aggravate women's employment difficulties." A mother told reporters that because female workers have to take care of their families and children, they have to work overtime, business trips and personal leave. Special care is needed, so the company does not like to recruit female employees.
Pregnancy is dismissed, rights protection is not easy
Difficulty in realizing vacation rights is only one of the problems faced by female employees in the "third period" in the workplace.
Although the law has made many protective provisions for this group, such as the “three-phase” female employees shall not be terminated according to the relevant provisions of non-negligible termination and economic layoffs, etc., but in reality, there are still some enterprises out of reducing Considering costs and risks, illegally dismissed pregnant female workers.
"I thought about it and felt that you are not physically suitable for this job now, we are under too much pressure. I also told you my thoughts a few days ago, let's understand each other! You need more rest during pregnancy, If you are in a good mood, take care of yourself at home.” After working in the front desk of a company in Changchun for three and a half years, Wang Lili, who earned a monthly salary of 3,000 yuan, was dismissed by the female boss through WeChat “Haoyan”.
At that time, the simple Wang Lili didn't think about the legality of dismissal, and thought that she could continue to find other jobs without delay.
Unexpectedly, in the process of looking for a job, as soon as I inform the recruiter that I am pregnant, I will be rejected.
She has no income if she does not go to work. Wang Lili, who is full of distress, accidentally learned that it is illegal for her employer to fire her without reason during pregnancy.
After that, under the guidance of a lawyer, she collected evidence and applied for labor arbitration, and finally received 20,000 yuan in compensation.
"When I decided to defend my rights and toss around to collect evidence, my family persuaded me to give up. In case of tossing a child, it would be worth the loss." Wang Lili told reporters that she also had many concerns before defending her rights. She was afraid that she would not understand the law. I couldn't understand the materials, court trials, etc., and I was afraid that the employer would maliciously delay the time. Fortunately, I got free assistance from a public interest lawyer.
"In reality, some companies have more obscure and 'legalized' means and methods to dismiss 'third-stage' female employees. Based on the special physical condition of these female employees, if they want to defend their rights, they may face more problems. If you don’t understand the law, you will often compromise in the face of the company’s emotional cards and difficulties.” said Wang Yuqi, a lawyer from Guangdong Guanghe (Changchun) Law Firm.
Improve the system and allow good policies to be implemented
"At present, my country has established a relatively complete system of laws and regulations to protect the rights and interests of female employees, and with the dynamic adjustment of my country's population policy in recent years, local governments have also formulated corresponding policies according to local actual conditions, including extending maternity leave and issuing maternity cash. Subsidies, etc." Yue Ling told reporters that the problem is that many policies, especially those that are more welfare-oriented, are mostly advocacy and insufficient coercion in the specific implementation process.
How to relieve female workers from the worries of childbirth, in addition to adhering to the popularization of the law, improving the awareness of rights protection of female workers, the awareness of law-abiding by employers, and the awareness of media supervision, the more important thing is to continuously improve the relevant system design.
The lack of protection of related rights and interests of female flexible workers is also worthy of attention.
According to the current legal system for the protection of female workers' rights and interests, most of the flexible workers are not covered by protection.
By 2022, the 10th anniversary of the promulgation of the Special Provisions on Labor Protection for Female Employees.
Yue Ling suggested that the relevant departments should start investigation and research to further improve the scope of application of the regulations, the strength of protection, and the supervision and inspection of employers.
At the same time, it is necessary to continuously improve the maternity leave and maternity insurance systems.
At present, my country's maternity insurance system has problems such as insufficient coverage, low treatment standards, large regional differences, and single payment subject. It is necessary to further expand the coverage, especially to include flexible employees in the scope of protection, improve treatment standards, and establish maternity costs. sharing mechanism, etc.
In addition, the role of trade unions in safeguarding the rights and interests of female workers should be further brought into play, from popularizing the law to legal aid and then participating in the source of laws and regulations, and fulfilling the basic duty of "protecting the rights and interests of workers and serving the masses of workers wholeheartedly".
(All female employees interviewed in the article are pseudonyms)