Parental leave has become a "bad check". The official answer is that rights should be protected. Since the beginning of the year, many netizens said that leave was rejected, and employers either refused the request or set a threshold. Parental leave has become a "bad check". The official answer is that rights should be protected.
Parental leave has become a "bad check". Official reply: 1 Since the implementation of the "three-child policy", policies related to parental leave have been introduced one after another throughout the country. However, many netizens have reported that parental leave has encountered the embarrassment of "no rest, no rest, no rest" in reality.
According to media reports, at least 25 provinces in China have completed the revision of population and family planning regulations, and the number of days of parental leave each year is concentrated in 5 to 15 days. Some also made it clear that wages, bonuses and benefits during vacation are the same as those of employees. But why does it "sound good and it's hard to rest"?
On the one hand, parental leave mostly exists in the form of encouraging policies, and even if the employer does not implement it, there is no substantive punishment; On the other hand, many jobs are "a radish and a pit", and the implementation of parental leave by employers will increase operating costs. If it is limited to "the policy treats the guests and the enterprise pays the bill", it will not only improve the enthusiasm of the enterprise, but also cause the enterprise to deliberately avoid the reality of women of childbearing age when recruiting.
The main body of parental leave is enterprises, but it is obvious that enterprises alone cannot make this public policy shine into reality. Parenting leave is not only a matter of taking a few more days off, but also related to employment costs, social welfare and many other aspects. The more policies that involve a wide range and the vital interests of the public, the more it is necessary to make overall plans and consider the interests of all parties. If the policy only stays at the advocacy level without specific supporting measures, it is likely to become a dead letter.
From the practice of some developed countries, the protection during parental leave comes from public funds and is paid by the government, employers and employees. Although this may not be in line with the current development reality in China, at least we can see that parental leave cannot be implemented by enterprises alone. Pay attention to the interests of enterprises, make up for the lost interests of enterprises as much as possible through tax incentives and subsidies, and build a cost-sharing mechanism among families, governments and employers.
Another study shows that the flexible parental leave system can increase the possibility of people returning to work and shorten the time of return. In some developed countries, some allow flexible part-time jobs, some allow intermittent vacations in scattered time periods, and some allow couples to take vacations separately. When we refine the implementation of the parental leave system, we might as well learn from the flexible leave to meet the diverse needs of different families.
Parental leave is a "new thing" to cope with the social development in China. Only by taking more specific and operable supporting measures, fully releasing policy dividends and stimulating the will and motivation of enterprises, will parental leave not become a "blank check".
Parental leave has become a "blank check", and the official reply: rights and interests should be safeguarded. At present, more than 20 provinces in China have completed the revision of population and family planning regulations, and increasing parental leave has become a highlight.
However, since the beginning of the year, many netizens said that their leave was refused, employers either refused the request or set a threshold, and employees were afraid to take a leave because of workplace pressure. In contrast, the reporter found in the interview that many enterprises understand parental leave as an encouraging policy and think that it is not a "matter of duty" and can choose to implement it.
Is parental leave compulsory? How does paper welfare come into reality? The reporter of Workers Daily interviewed this.
It sounds tempting, but it's hard to rest.
"Four months after the introduction of the policy, the company still shirked on the grounds of' not receiving the notice'. When can parental leave really be taken? "
On February 17, an employee of a company in Guangdong posted on People's Daily Online "Leadership Message Board" that his son was two years old this year. After Guangdong announced the parental leave policy, he repeatedly asked if he could take a vacation, and the unit always replied "temporarily unable to implement it".
Last August, the newly revised Population and Family Planning Law made it clear that the state supports the establishment of parental leave in places where conditions permit. Up to now, at least 25 provinces have issued local regulations to give couples parental leave ranging from 5 to 15 days a year before their children reach the age of 3, and Chongqing and Anhui even relax their children's age to 6. There are also areas that further clarify that holiday wages, bonuses and welfare benefits are regarded as attendance.
Li Lingyun, an associate professor at the School of Economics and Law of East China University of Political Science and Law, said that as a supporting measure of the three-child policy, it is necessary and reasonable to set up parental leave. On the one hand, it helps to alleviate the difficulties of parenting and strengthen the concept that both parents have the same parenting; On the other hand, it will also play a positive role in reducing employment discrimination and promoting women's return to the workplace.
However, the reporter noticed that some netizens reported that it was difficult to take time off. A netizen in Zhejiang said that the leaders' claim to wait for red-headed documents and implementation rules not only denied their leave, but also implied that it would affect the year-end evaluation and promotion and salary increase.
Some netizens said that the company has set a lot of thresholds, such as "parental leave needs to be taken at one time, not accumulated, not deducted on weekends", "it needs to be applied one month in advance to prove that there are no children at home", "10/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0 The company's concept of stealing is converted in proportion, and only three days of vacation are allowed this year. " ...
In addition to "can't rest", the phenomenon of "dare not rest" is also more prominent. Chu Fei, an employee of an Internet company in Beijing, told reporters that the personnel department has announced the vacation process, but no one has applied so far.
Is parental leave compulsory?
While employees are on holiday, some employers are also "miserable".
Zhang Yihang, human resources director of a private enterprise in Beijing, said frankly: "Marriage leave and maternity leave are being extended. If parental leave is added, the burden on enterprises is too heavy. Reducing working hours is equivalent to compressing profit margins. "
"At present, the implementation of parental leave is generally not optimistic." According to Li Lingyun's analysis, as a principle, the main body of parental leave is the employer. Within the policy framework, enterprises have certain autonomy in vacation arrangements, and can formulate rules and procedures internally through democratic procedures, and then explicitly write them into collective contracts or labor contracts. However, at this stage, it is difficult for enterprises to actively promote the increased labor costs due to holidays.
In addition, the fuzziness of the policy itself also gives enterprises an opportunity. The reporter combed and found that according to the wording, the new regulations in various places can be divided into two categories. First, mandatory policies. In most areas such as Beijing, Gansu and Chongqing, parental leave should be granted and enjoyed. Second, encourage policies. For example, Chongqing stipulates that "parental leave can be taken with the approval of the unit", while Qinghai "encourages employers to set up parental leave".
Li Lingyun said that in the former context, enterprises are obliged to give parental leave, while the latter can only be implemented by enterprises consciously. She also pointed out that the legal responsibility for not implementing parental leave varies from place to place. "There is no punishment in some areas, and the punishment in some areas is not clear. It is only required to be punished according to established regulations, but no suitable terms can be found. "
"Another embarrassing situation is that the policies related to parental leave are formulated by the health department, but they are largely guaranteed by the human resources and social security departments. At present, the latter has not yet introduced specific implementation standards. " Li Lingyun said.
Pay holiday wages with maternity insurance
For the comments of netizens, relevant departments in various places have responded. For example, the Hangzhou Municipal Health and Health Commission said that the "Regulations on Population and Family Planning" came into effect as of the date of promulgation, and there is no need for red-headed documents to confirm it. If the unit refuses to implement it, it can complain to the labor rights protection department. Beijing Dongcheng District and Chaoyang District Health and Health Commission replied that it would explain the policies to enterprises and supervise them "peer-to-peer".
Zhu, a senior partner of Beijing Yingke Law Firm, believes that in addition to urging enterprises to implement it in various ways, health, human resources, social security, legislation and other departments should form policy linkage and issue clearer and more targeted implementation rules as soon as possible, which is the premise to promote the real landing of parental leave.
Regarding the establishment of penalties, Li Lingyun said, for example, if an enterprise fails to implement holidays such as statutory holidays and paid annual leave, it will generally be ordered to compensate employees in the form of overtime pay and unpaid wages. Parental leave is not like this. The infancy of 0 ~ 3 years old is fleeting, and the companionship of parents cannot be measured by money. Rectification measures should not only be financial punishment, but also ensure the full implementation of holidays through labor inspection and other means.
"We can introduce social forces, share the cost of holidays reasonably, and fundamentally dispel the resistance of enterprises." Li Lingyun suggested that in the short term, the maternity insurance fund should subsidize a certain percentage of holiday wages within the affordable range. In the long run, we should broaden the financing channels of maternity insurance and expand the fund scale. The ideal state is that it can be used not only to pay wages during parental leave, but also to cover maternity allowance during extended maternity leave, effectively alleviating the difficulties of enterprises.
"Many companies have insufficient understanding of parental leave, and relevant departments should go deep into the grassroots to publicize it. Stimulating fertility desire is a systematic project, which needs the understanding and participation of the whole society. Employers should be brave enough to assume social responsibilities, actively implement a series of new regulations on maternity treatment, do not engage in hidden discrimination, set up cards for career development, and relieve employees' worries. " Said to Zhu.
Parental leave has become a "bad check", and the official reply: should protect rights 3 Recently, many netizens reported.
After the implementation of the parental leave policy
It is difficult to apply for leave.
"When can parental leave really be taken?"
"There are policies, but we can't stop."
"I dare not ask if there is a holiday."
Too slow, there is a threshold, and I dare not rest on holiday.
65438+1October 18, an employee of a company in Beijing said on People's Daily Online "Leadership Message Board" that he had a son last August. After Beijing announced the parental leave policy, he asked the company if it could take a vacation. The company said that he would not implement the regulations for the time being and was not allowed to take a vacation.
Last year126 October, 165438, Beijing passed the newly revised Regulations on Population and Family Planning, stipulating that couples who give birth to children according to regulations shall enjoy five working days of parental leave every year before their children reach the age of three.
According to media reports, by the end of 20021,23 provinces had completed the revision of population and family planning regulations. All localities have further improved the maternity leave system in the regulations, and the maternity leave in 22 provinces has been extended to 158 days and above. In addition, parental leave of 5 to 20 days is provided.
In Shenzhen, Guangdong, it is said that when employees apply for parental leave, they get the answer that they need to wait for the relevant departments to issue a document.
A netizen in Shanghai mentioned that enterprises set a threshold for employees to apply for parental leave. For example, you need to apply four weeks in advance and you need to prove that there are no children at home. In addition, the unit explained that parental leave enterprises can implement it, but it is not necessary.
In reality, even if some units have set up a parental leave process, some employees are afraid to use it for job evaluation.
Landing implementation and supporting policies should keep up.
What if I can't take parental leave? At present, Beijing, Zhejiang and other places have provided solutions to related problems.
For example, when the Hangzhou Municipal Health and Wellness Committee recently replied to netizens, it said that the revised Regulations on Population and Family Planning in Zhejiang Province came into effect as of the date of promulgation, and there was no need for red-headed documents to confirm it; If the unit refuses to implement it, it may report to the local labor security supervision detachment.
In reply to a netizen, the Health and Health Commission of Chaoyang District, Beijing said that the reflected company had been supervised, and the unit responded that the vacation system was being revised and improved, and it would be strictly implemented in accordance with the regulations.
However, there are also many replies that "the specific implementation measures have not yet been introduced and will be studied and formulated as soon as possible".
"Peer-to-peer supervision may play a role, but it is still somewhat passive in the long run." Liu, a lawyer of Sichuan Discovery Law Firm, believes that from the results, it is not clear that there is no compulsory supervision by the department and whether there are supporting punishment measures. From the perspective of efficiency, if there are too many enterprises that need to be "supervised", the work pressure of the competent authorities will increase greatly.
In the lawyer's view, to ensure the implementation of parental leave, first of all, the competent authorities need to implement the implementation rules. "For example, compulsory parental leave is given to ensure the guidance of employees, enterprises and relevant authorities."
At the same time, policy propaganda and supporting subsidies need to keep up, reduce the pressure on enterprises and improve their understanding and support for national policies.
How to share the labor cost of parental leave?
Guangdong: The detailed implementation rules will be studied and formulated as soon as possible.
Netizen 65438+ 10 30 left a message to the governor of Guangdong Province on People's Daily, hoping to urge enterprises to implement "parental leave". It is said that on the morning of 2002 1 65438+February1,the 37th meeting of the Standing Committee of the 13th National People's Congress of Guangdong Province voted to amend the Regulations on Population and Family Planning in Guangdong Province, and defined the new "parental leave". The first child was born on 202 1 10, with complete documents, which fully meets the conditions for taking "parental leave". However, when applying to the company, the reply was waiting for specific policies.
The General Office of Guangdong Provincial People's Government replied on February 8th that the Decision of the Standing Committee of Guangdong Provincial People's Congress on Amending the Regulations on Population and Family Planning in Guangdong Province was promulgated and implemented in February 200211. The Provincial Department of Human Resources and Social Security will actively work with the Legal Affairs Department of the National People's Congress and the Health Department to study and formulate specific implementation rules for parental leave, one-child care leave and other holidays, as well as how to share the labor costs during the holidays.