Case
Most of the private textile processing enterprises are women.Last month, the management announced a decision saying that the recent order production pressure was relatively high. All employees, including female employees, must all work in recent months.Driven out.
Several pregnant female employees are dissatisfied with this. They want to know that if the company forcibly requires pregnant female employees to go to night shifts, can they complain to the company?What kind of punishment will the company be subject to?
answer
Female employees enjoy special labor protection during pregnancy, birth, and lactation.
The law stipulates that employers shall not arrange for female employees to engage in labor or labor that are engaged in third -level physical labor intensity or labor during pregnancy during pregnancy.In particular, when the female employee is more than 7 months pregnant, the company cannot arrange night shift labor or overtime labor.
In this case, if the company violates the special protection provisions of the above -mentioned female employees, workers can complain to the human and social department where the company is located and require the company to order rectification.
The Human Resources and Social Security Department will impose a fine against the company in accordance with the number of female employees who violate the rights and interests of 1,000 yuan per person.
If the company still has other illegal employment or the vital interests of workers, workers can also protect their rights by mentioning arbitration applications to local labor dispute arbitration agencies.
in accordance with
"Special Regulations for Labor Protection of Female Workers"
Article 6 If a female employee cannot adapt to the original labor during pregnancy, the employer shall reduce the amount of labor or arrange other labor that can adapt according to the certification of the medical institution.
For female employees who are more than 7 months pregnant, the employer shall not extend the labor time or arrange night shift work, and shall arrange a certain rest time within the labor time.
"Labor Security Supervision Regulations"
Article 23 If the employer has one of the following behaviors, the labor security administrative department shall order correction, and shall be fined according to the standard of 1,000 yuan or less than 5,000 yuan per person per person.
(1) Arrange female employees engaged in the labor intensity of the fourth level of physical labor or other taboos for labor in the mining well;
(2) Arrange female employees engaged in labor with high -temperature, low temperature, cold water operations, or the national regulations of the third level of physical labor;
(3) Arrange female employees to engage in the labor intensity of third -level physical labor during pregnancy or labor or taboos during pregnancy;
(4) Arrange female employees who are more than 7 months pregnant for night shifts to work or extend their working hours;
(5) Female employees have less than 90 days of maternity leave;
(6) Arrange female employees who work in the national regulations during a baby who is under breastfeeding for a baby who is under breastfeeding or other labor or breastfeeding taboos during the state.
(7) Arrange minors engaged in mining, toxic and harmful, and the labor intensity of the fourth level of physical labor or other taboos engaged in labor;
(8) Those who do not conduct regular health inspections on minors.
Source: China Labor Security News
