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As legal citizens, female employees are entitled to:
1. What laws and regulations in China have clear provisions on the protection of women's rights and interests?
Articles 19, 42, 46, 48 and 49 of the Constitution of our country all provide for women's rights and interests in principle. China's "Law on the Protection of Women's Rights and Interests", "Marriage Law", "Regulations on the Administration of Marriage Registration", "Maternal and Infant Health Care Law", "Provisions on Labor Protection of Female Employees", "Provisions on the Scope of Prohibited Work for Female Employees", "Provisions on Health Care for Female Employees" and other special laws and regulations have also made specific provisions on this. In addition, the "Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Organizations at All Levels", "Election Law", "Enterprise Law", "Compulsory Education Law", "Labor Law", "Inheritance Law", "General Principles of Civil Law", "Prison Law", "Regulations on Public Security Administration Punishments" and other laws and regulations all protect women's rights and interests.
2. What are the provisions of the Constitution of our country in protecting the rights and interests of women?
The status of women is a direct reflection of a country's progress and civilization. The founding of the People's Republic of China has enabled women to turn themselves into masters, and the state has always been concerned about women's rights and interests and has attached importance to protecting them through legislation. Article 48 of the Constitution of the People's Republic of China, promulgated in 1982, stipulates:
Women in the People's Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.
The State protects the rights and interests of women, implements equal pay for men and women for equal work, and trains and selects women cadres.
Article 49 states: "Marriage, family, mother and child shall be under the protection of the State. Both husband and wife have the obligation to practice family planning.
Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.
It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children. “
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As an employee, there is marriage leave, maternity leave, etc., and the property of the husband and wife in the family is shared equally, and there is no domestic violence.
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Legal basis: Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
The husband and wife agree that the property obtained during the period of the marriage relationship shall be owned by each other, and if the husband and wife are aware of the debts owed to the outside world by the husband or wife, the personal property of the husband or the wife shall be repaid.
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According to the provisions of the Civil Code and the corresponding judicial interpretations, the legitimate rights and interests of women in the family joint property relationship mainly include three aspects:
1) The scope of the family's common property. the legal income of the male and female members of the family from the joint work; part of the means of production of individual industrial and commercial households engaged in industrial and commercial production and business activities by male and female members of the family and the income from their production and operation; Male and female members of the family shall, in accordance with the provisions of the contract of the rural collective economic organization, part of the means of production and the income from the production and operation of the rural contracted business households engaged in commodity business;
2) Women's rights and interests in the common property of the family. The right to possess, use, benefit from and dispose of common property on an equal footing with male family members shall not be hindered by anyone; The right to request the dissolution of the joint family property relationship and the division of the family property on an equal footing with the male family members; When the joint family property is infringed, they have the right to demand that the perpetrator cease the violation, return the property, restore the original state, and compensate for the losses on an equal footing with the male family members.
3) The period during which women enjoy legal and legal rights in the common property of the family. From the time of joining the joint family property relationship to the end of the joint family property relationship.
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Legal analysis1. Equal employment rights. Except for jobs and positions that are not suitable for women, women may not be refused employment on the basis of sex, and the standards for hiring women must not be raised. 2. The right to choose a profession.
To the extent permitted by law, women have the right to choose their own occupation as they wish. 3. The right to receive remuneration for labor. Women are entitled to remuneration for their work at the same time.
4. The right to rest and vacation. Women have the right to statutory rest and statutory holidays in addition to the statutory working hours. 5. The right to obtain labor safety and health protection.
Women are entitled to special occupational safety protections. 6. The right to receive vocational skills training. Women have the right to the necessary vocational training.
7. The right to enjoy social insurance and welfare. Women are entitled to social insurance benefits in the event of retirement, illness, injury, maternity, unemployment, etc., and are entitled to various benefits provided by the State sailors and employers. 8. The right to submit a request for settlement of labor disputes.
In the event of a labor dispute between a woman and an employer, she has the right to apply for mediation, arbitration or file a lawsuit in accordance with the law.
Legal basisDecision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Women's Rights and Interests Article 2 is amended as: "Women enjoy equal rights with men in all aspects of political, economic, cultural, social and family life. "The implementation of equality between men and women is a basic national policy of the State.
The State is to take necessary measures to gradually improve systems for protecting women's rights and interests, and to eliminate all forms of discrimination against women. "The State protects the special rights and interests of women in Paiqing enjoyed in accordance with law. "Discrimination, abuse, abandonment and mutilation of women are prohibited. ”
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Women have the right to use, dispose of, and benefit from the common family property. The joint property of husband and wife includes wages, bonuses, remuneration for labor services, income from production, operation, investment, and other intellectual property that should be jointly owned by the husband and wife during the existence of the marital relationship.
Legal basisArticle 1060 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have the right to dispose of joint property.
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