What should I do if the candidate is pregnant during the recruitment?Supreme Law Exchange Model Answers

Chinese Women’s Daily All -Media reporter Wang Chunxia

When he learned that he was pregnant, Lu Cong was a little worried while "surprise".

It was one day in November 2018. Lu Cong, Assistant to the Judge of the Intellectual Property Division of the Fengtai District People’s Court of Fengtai District, participated in the 2018 selection test of the Supreme People’s Court. After writing and interviews, he entered the medical examination.

The first female candidates who discovered pregnancy during the selection of the Supreme Law

"I participated in the first round of medical examinations, because she was preparing for pregnancy, she did not do breasts." Lu Cong told Chinese women to report to all media reporters that she had no bottom and went to the hospital to check whether she was pregnant.

After telling the good news about the family’s pregnancy, Lu Cong faintly worried that the selection would be affected. She immediately reported that the staff of the Political Department of the Supreme People’s Court reported that she was pregnant. The other party was preparing to notify her to participateAfter learning this news, it said that this situation is very special. I have not encountered it before and will report to the leaders as soon as possible.

Throughout the whole process, Lu Cong admitted that "the baby is first, and usually treats it."In early December 2018, Lu Cong received an inspection notice.This means that pregnancy does not actually affect the recruitment process.Lu Cong was surprised and did not expect to be so smooth.In early March 2019, Lu Cong received a notice from the Political Department of the Supreme People’s Court.On March 8th, Lu Cong went to the Supreme People’s Court to report to the first batch of newcomers to meet the meeting.

After the meeting, the relevant person in charge of the Supreme People’s Court organized the person in charge of the personnel department to talk to Lu Cong and introduced her to the relevant considerations of the party group of the hospital: in recent years, the party group and Dean Zhou Qiang of the Supreme People’s Court have seriously implemented the General Secretary Jinping’s general secretary Jinping on strengthening women.Rights and interests, provide new opportunities for women’s participation in politics, improve the level of women’s participation in the management of national, economic and cultural affairs, etc., and attach great importance to protecting women’s rights in equality in recruitment work.; In response to the special circumstances of Lu Cong, the party group of the hospital was carefully studied and believed that the ranking and interview scores were relatively high, and the investigation was also very good.The procedure cannot be officially accepted before completing the medical examination, and you can keep the qualifications for selection. Considering the special circumstances of Lu Cong’s pregnancy, it was decided to let her report to the comrades who participated in the selection and admission in the batch.After the pregnancy is over, do the chest tape check, combined with the final medical examination conclusion to study its selection matters separately.

In June 2020, after the end of the pregnancy, Lu Cong was checked to check the breasts, and the medical examination was qualified. After research and approval of the Party Group of the Supreme People’s Court, he was officially hired and then completed the employment procedure for him."This fully felt that the Supreme People’s Court focused on fairness and fairness, and was wise and wise. It reflected the attention and care of the training of female cadres.And persistence. "Lu Cong said excitedly.

Twists and persistence

Behind this breakthrough, there are some twists and turns.According to the reporter’s understanding, for the special circumstances of Lu Cong’s pregnancy, there were different opinions on whether to admit whether to admit.Some people have suggested that Lu Cong was beginning to conceal the situation of pregnancy; others believe that the purpose of recruiting civil servants is to recruit people to work. Just when they come, they will affect the work of urgent need for replenishment.Essence

In response to this special circumstances, Ma Shizhong, a member of the Supreme People’s Court of the Supreme People’s Court and director of the Political Department in charge of personnel work, attached great importance to it. He proposed that it should be based on the regulations of the recruitment policy to carefully study and deal with it.Implement the basic national policy of equality between men and women to prevent the legitimate rights and interests of women’s pregnancy because of women’s pregnancy, and instruct the personnel department to focus on two issues.Whether it is excellent and whether you can compete for the post requirements.After careful inspection and understanding, the inspection team believed that Lu Cong really knew that he was pregnant and reported to the organization in a timely manner. In addition, Lu Cong had a good comprehensive quality, strong business ability, and good research text.Power, work seriously, responsible, low -key, diligent and pragmatic, and high degree of job matching."Her physical examination has not been concluded for the time being. It is not her physical problems, because she is pregnant, and pregnancy is her legitimate right." The staff further explained.

After further verification and understanding of Lu Cong’s relevant situation, the organizing personnel department believed that Comrade Lu Cong’s ability and inspection were good. For the time being, there was no qualified medical examination conclusion that the objective reasons for pregnancy were caused.The party group of the hospital was requested to conduct a study. The study of the party group meeting of the Supreme People’s Court proposed that in order to fully reflect the fairness and justice of the selection work and the humanistic care of women, they can temporarily retain their qualifications.Then go through the formal employment procedures.At the meeting, Zhou Qiang, secretary of the party group and dean of the hospital, emphasized that as the highest national trial agency, we must resolutely implement General Secretary Jinping’s General Secretary Jinping’s "more active implementation of the basic national policy of men and women, give play to the role of women’s" half -day ", support women’s work, realize life in life, realize life lifeThe important instructions of ideals and dreams, under the premise of meeting the recruitment policy to give a certain care to pregnant women candidates and take flexible measures in accordance with the actual situation.The gender equality and fairness and fairness in the recruitment are realized.

Regarding the problem of whether the employers that many women are paying attention to in the recruitment can refuse to recruit for women’s pregnancy in the recruitment, the reporter also interviewed Zhang Yan, the main trial judge of the Supreme People’s Court of the Supreme People’s Court.There is no legitimate reason for the recruitment session. It is only because women who fail to complete the medical examination during pregnancy will refuse to be hired. Women can sue during pregnancy.Judges can make judgments in accordance with the case of the case and the principle of anti -discrimination stipulated in the Employment Promotion Law.In principle, if you do not take a chest slices and do not affect the job industry, the employer cannot refuse to hire women on the grounds of this.Regarding the labor rights and interests of women during pregnancy, Judge Zhang Yan believes that in principle, the medical examination is prohibited from testing that is not related to the post, such as whether to get pregnant.If a labor contract has been signed or there is actual labor relationship, the labor relationship cannot be lifted on the grounds of women’s pregnancy.For the "third phase" female employees during pregnancy, birth, and lactation, the two parties need to reach a conclusion. In addition, consider whether the post is a "third phase" position, whether women can not be competent in the job, etc.EssenceIf the contract stipulates that women who leave after pregnancy, they will be deemed to be invalid.The "three phases" contract expires, and in accordance with the provisions of the Labor Contract Law, it shall be postponed to the end of the "third phase".Generally speaking, the cost of breeding should be shared by the whole society in order to fundamentally protect the right to employment.

It can be seen that in the recruitment, what should do when the female candidates are pregnant, the above practices of the Supreme People’s Court are indeed reasonable and legal, and they have surrendered to us for exemplary answers. It is worth learning from the majority of employers to learn from.

The Supreme Law has always attached great importance to the construction of female cadres

According to the reporter’s understanding, behind the existence of the "model answer sheet", the Supreme People’s Court attaches great importance to the long -term paid attention to the construction of female cadres.Since the 18th National Congress of the Communist Party of China, the Supreme People’s Court has always seriously implemented the policies and requirements of the Party Central Committee with Comrade Xi Jinping as its core on strengthening the training and use of female cadres, and effectively strengthened organizational leadership, insisted on discovering, training, recommendation, and use of women in all ages.Cadres put them in an important position.

The first is to effectively focus on overall planning, continuously strengthen the comprehensive analysis and judgment of the female cadre team, continue to do daily training and strategic training, focus on improving the forward -looking work, prevent urgent use of current finding, outstanding performance and excellent performance of female cadres, dare to dare to dare to dare to dare to dareUse boldly, put it on important positions, key positions.In 2020, the party group of the Supreme People’s Court formulated and introduced the "Construction Plan for the Construction of the Supreme People’s Court’s Institutions in the Supreme People’s Court" (hereinafter referred to as the "Plan"), which included "reasonably equipped female cadres, ethnic minority cadres and foreign cadres" as part of it.Provisions.The "Planning" clearly requires "strengthening female cadres’ overall selection, and by 2023, strive to achieve the leadership team of each internal institution with female cadres. Among them, there must be a certain number of officials and strive to maintain more than a quarter of the total number of official positions."" ".According to reports, at present, the Supreme People’s Court is about 44%among the police officers; the female judge accounts for about 41%of all judges; from the situation of the bureau -level leadership team, 39 bureau -level leadership teams (Among the 6 directly -affiliated units), 28 were equipped with female cadres, and female cadres accounted for 26%of the total number of members of the class. At present, there are 8 female comrades in 26 teams, nearly one -third of them.The proportion goal.It is worth mentioning that the two youngest directors of the Supreme People’s Court authority are women.

The second is to actively create conditions for the growth of female cadres.On the one hand, paying attention to the source found that in the recruitment of civil servants, we will conscientiously protect women’s rights and interests, adhere to fair recruitment, avoid gender discrimination, and treat men and female candidates equally.From the perspective of practice, the proportion of female candidates who entered the Supreme People’s Court and the final admission in the past three years exceeded male candidates. For example, 10 women recruited 16 women in 2019, and women in 34 were recruited in 202024 people, 22 of women recruited 33 people in 2021.On the other hand, actively broaden the exercise channels for female cadres, and to actively respect the exchanges, posts and other channels on the basis of fully respecting their wishes, and in time, they will be experienced through exchanges and jobs.

The third is to build a good service platform and do a good job of caring for female cadres.On the one hand, actively support the female judge association to play a role in protecting the rights and interests of female cadres, strengthening the training of female cadres, promoting the growth of female cadres, and enhancing international exchanges.The issue is to strengthen the connection with the international women’s organization and the domestic women’s federation, and create a good judicial environment for the women’s cadres to perform their duties in accordance with the law.On the other hand, pay attention to daily care incentives, fully consider the physiological and psychological characteristics of female comrades, and actively provide care for care in rest, work scheduling, living security, selection and commendation, etc., and provide more for female cadres to show their talents and show their style.Platforms and opportunities have worries the worries for female cadres to settle down and perform their duties.Many female cadres performed well in completing the task of emergency and danger and overcome difficulties. Many female judges and female cadres are the backbone of the business of various court bureaus.In October last year, Comrade Shen Hongyu, the deputy president of the Democratic Court, was successfully elected to the judge of the International Labor Organization Administrative Court. This is an important judicial practice for my country to participate in the governance of international organizations.

It can be seen from the above situation that the Supreme People’s Court found that the treatment of female candidates’ pregnancy in the recruitment was not accidental, but the inevitable result of consistently respecting and protecting women.

According to the reporter’s understanding, in June 2021, the party group of the Supreme People’s Court decided to retain the selection qualification to the female candidates who found pregnant during the recruitment process.When the female candidate received an interview notice, she took the initiative to report her pregnancy. The Supreme People’s Court respected her wishes and welcomed her to participate in the interview.The candidate passed the interview and inspection, and then adopted the same way to the female candidate to retain her selection qualifications first. After the female candidate experienced the childbirth and the physical examination, they fulfilled the relevant selection procedures and reported to the central organization.The ministerial record was supported.

The reporter also interviewed Zhou Wei, a professor at the Law School of Sichuan University on this matter. Professor Zhou Wei said that the Supreme Law reserved the flexible method of selecting the selection of selection of pregnant women during the recruiting police officer, which reflected the relevant laws and regulations of the Supreme Law Models and the relevant documents of standardized documents.Regulations for equal employment.Among the existing medical examination procedures, an inclusive mechanism that meets the legal purpose and effect, that is, supplement the chest slices after production, provides a solution for how civil servants’ physical examination items can better adapt to the needs of pregnant women.It is hoped that the medical examination standards for civil servants will be further improved, so that the recruitment of civil servants across the country can implement the legal spirit of equal employment like the Supreme People’s Court.

Zhou Wei also noticed that among the Supreme People’s Court’s existing police officers and judges, women accounted for more than 40 %.He praised the proportion of women in the highest legal person."The Supreme Law not only implements the principles of fairness and justice in judicial practice, but also the relevant provisions of the model and regulations of model enforcement of laws and regulations in terms of gender ratio.It is said that all state organs and institutions should take the lead in complying with the provisions of the standardized documents of the constitutional laws and regulations, conscientiously implement the requirements of the Party Central Committee, fully protect the legitimate employment rights of women, provide positive guidelines for the society, and gradually enable all fields in all industries in societyEliminate gender discrimination in employment and promote the healthy and healthy development of economy and society.

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