The release of the fertility policy is undoubtedly a gospel for families who want multiple children.However, the unfair treatment that women may face after pregnancy or maternity leave have made many expectant mothers discourage.Recently, Ms. Li encountered such a bad thing. After maternity leave, she returned to the company, but found that she was transferred to reduce salary. The company believed that the post -post was a reasonable use of the self -use of the work.What will the court judge?A few days ago, the People’s Court of Qidong City, Jiangsu Province tried this labor dispute.
Ms. Li was originally a sales manager of a real estate company. The labor contract set up with the company clearly stipulates the work and salary standards of the sales manager.In April 2022, Ms. Li began maternity leave, and returned to work after the expiration of the delivery vacation in September of the same year.Unexpectedly, the position of its sales manager has been held by others, and he is verbally notified to the company’s administrative department as an deputy manager.The post was changed, and the salary dropped.Ms. Li’s salary dropped from a monthly salary of 15,000 yuan to less than 10,000 yuan.Ms. Li was very depressed and asked the company to negotiate, but there was no result.
As a result, Ms. Li applied for arbitration from the Local Labor Arbitration Commission, asking the company to continue to perform the original labor contract and pay her corresponding difference.The Labor Arbitration Commission supported Ms. Li’s arbitration request.However, the company insisted that Ms. Li’s maternity leave has led to a vacancy of the company’s sales manager. According to the company’s operating needs, the company has the right to make up for the missing personnel. This is a manifestation of autonomy, and her post -adjustment behavior is reasonable, reasonable, and legal.The real estate company did not accept the arbitration award, and then sued to the court with a paper complaint and asked the court to confirm that its post -adjustment behavior was legal and did not need to pay the difference during the maternity leave.
After trial, the Qidong Court believed that the contract signed by Ms. Li and the Real Estate Company was the true meaning of the two parties.The employer and the workers shall fully fulfill their obligations in accordance with the agreement of the labor contract.If the employer needs to change the content stipulated by the labor contract, it shall follow Article 35 of the Labor Contract Law of the People’s Republic of China. Article 35 of the Labor Contract Law of the People’s Republic of China "The employer is negotiated with the workers, and the content of the labor contract can be changed.Regulations of written forms.After Ms. Li returned to work in full production leave, the company did not solicit Ms. Li’s opinion and unilaterally changed her job from the original sales manager to the executive deputy manager. There is a significant difference between the professional skills of the two positions and the position.It is not equivalent to before, infringing the legitimate rights and interests of the workers. Therefore, Ms. Li has the right to ask the real estate company to fulfill the original labor contract between the two parties.The court does not support the claim of the Real Estate Corporation’s request to confirm its post -adjustment behavior and not paying a wage.
After the case was pronounced, the Real Estate Company did not accept a appeal.The Nantong Intermediate People’s Court of Jiangsu Province believed that the court of first instance determined that the facts were clear, the applicable law was correct, and the appeal was rejected in accordance with the law.
Judge
Based on the needs of production and operation, the enterprise reasonably adjusts the employee’s work, work content, and salary standards, which is an important content of the autonomy of the employment of the enterprise. It is not only conducive to maintaining the high -quality development of employers, but also conducive to promoting the stability of labor relations.However, the use of self -employment of enterprises should abide by the laws of the law, follow the principles of honesty and trust, and negotiate friendly with employees when adjusting employees’ positions, attach importance to the legitimate rights and interests of employees, and ensure the legality and rationality of posting and transfer.Especially for female employees in pregnancy, birth and lactation, the Labor Contract Law of the People’s Republic of China, "The Social Insurance Law of the People’s Republic of China", and "Law of the Women’s Rights Protection of the People’s Republic of China" and other lawsRegulation.In the "third phase", the employees shall not reduce wages at will, restrict the promotion of promotion, or even dismiss female employees.Essence
(Wang Shanshan, deputy chief of the first court of civil trial of Qidong City People’s Court in Jiangsu Province)
Representative comment
In modern society, women are not only the backbone of economic development, but also the huge social responsibilities that make humans endlessly, social prosperity and stability.At present, my country has established a comprehensive guarantee of women’s rights and interests, including more than one hundred laws, especially for female employees during pregnancy, birth and breastfeeding, and is specially protected by the law.How to respect the legal rights and interests of women to respect the autonomy of the employment of the enterprise, it is necessary to comprehensively consider the facts, legal norms, and public order and customs of the judge, and make a referee that meets the core values of socialism, legal effects and social effects.The referee in this case is of demonstration significance. First, encourage female employees to actively respond to the country’s policy call and can devote themselves to work.Rights and interests; the second is to remind employers while exercising the autonomy of enterprise employment, and should follow the principles of legal and reasonable employment, and keep in mind the social responsibility that the employer should bear.
(Li Nannan, dean of the National People’s Congress and Assistant Dean of Bai Rentang Changqing Music Nursing Hospital, Nantong City, Jiangsu Province)
Source: People’s Court Newspaper
