Yes or No: Dismissal Based on Unplanned Childbirth
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.
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