Yes or No: Dismissal Based on Unplanned Childbirth

作者/编者:Jiang Junlu and Wu Mengqiu
作者单位:金杜律师事务所
创作年代:2018
出处/来源:金杜律师事务所
学科分类:劳动法学
所属机构:金杜律师事务所
文献语种:

摘要

According to the report of Legal Daily on October 24th, the Legislative Affairs Commission of the Standing Committee of the National People’s Congress respectively sent letters to five local people’s congresses in Guangdong, Yunnan, Jiangxi, Hainan and Fujian. It is suggested that these congresses amend provisions of local regulations on population and family planning based on the reality of each province, regarding the dismissal or termination of employment contracts with employees who have more children than that are allowed by the Law on Population and Family Planning (the “Family Planning Law”) (“unplanned childbirth”). The essence of “Dismissal Based on Unplanned Childbirth”dilemma is not that local regulations exceed the limits of the Population and Family Planning Law or the Employment Contract law; instead, it lies in the existing conflict between the labor rights conferred by the Employment Contract Law and the birth rights of the employees empowered in the Family Planning Law. Therefore, to address the “Dismissal Based on Unplanned Childbirth” issue can not only rely on the amendment of local regulations on population and family planning. It is our opinion that the radical solution is to amend the Family Planning Law in the first place in order to meet the trend of the new area, and further to revise local regulations and company’s internal rules.

关键词: Dismissal; Unplanned Childbirth; Labor Rights; Birth Rights

正文

备注

本文献PDF共计6页,免费分享。

为你推荐RECOMMEND

收藏
翻译服务
下 载

该文档为付费内容,请购买后阅读全文

翻译服务

Yes or No: Dismissal Based on Unplanned Childbirth

我们提供文献翻译服务,请填写您的联系方式,方便我们与您取得联系

提交
客服热线:13801067850 座机:010-88578296

提交成功

我们会在3个工作日内与您取得联系,请保持手机联系方式畅通