Does the company's refusal to recruit married childless women violate the labor law?

If it is indicated in the recruitment brochure, it is illegal and discriminatory, but in this case, it is difficult for the labor department to interfere and it will generally be dealt with in violation of regulations. In order to avoid the situation that employees are pregnant and unable to work after joining the company, the company is unwilling to recruit married childless employees. It can only be regarded as a way to avoid risks. If the recruitment brochure does not clearly state that married and childless employees are not recruited, it cannot be considered illegal.

Legal analysis

Reproductive rights are the basic human rights of citizens, and no unit or individual has the right to deprive them. The employer's practice of requiring female employees to issue a letter of guarantee for infertility is obviously in violation of the relevant provisions of the labor law and is invalid. The employing unit shall not agree with female employees in the labor contract or employment contract to restrict marriage, childbirth or reduce maternity leave and other contents that harm the legitimate rights and interests of female employees. Although there are labor laws that prohibit employers from discriminating on the basis of sex, there are still many small enterprises that cannot abide by the laws and regulations. According to the relevant national documents, after the occurrence of gender discrimination in employment, the enforcement has been strengthened, and important measures such as joint interview mechanism, media exposure, judicial relief, administrative punishment and credit record have been set up, which will undoubtedly be more conducive to the guarantee of equal employment for women in the future. In addition, the employer will bear the corresponding civil liability for property losses or other damages caused by gender discrimination in employment. Female workers can also complain to the Women's Federation, which shall safeguard the legitimate rights and interests of the infringed women and have the right to request and assist the relevant departments or units to investigate and deal with them.

legal ground

Labor law of the people's Republic of China

Article 12 Laborers are not discriminated against by nationality, race, sex and religious belief.

Article 13 Women enjoy equal employment rights with men. When hiring employees, except for jobs or posts that are not suitable for women as stipulated by the state, women shall not be refused employment or the employment standards for women shall be raised on the grounds of gender.

Article 23 of the Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests, except for jobs or posts unsuitable for women, no unit may refuse to employ women or raise the employment standards for women on the grounds of gender. All units shall sign labor (employment) contracts or service agreements with female employees in accordance with the law, and the labor (employment) contracts or service agreements shall not stipulate the contents that restrict the marriage and childbirth of female employees. It is forbidden to recruit underage women under the age of 16, unless otherwise stipulated by the state.