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Can I ask about the marriage and childbearing status in the recruitment?
At present, there are a large number of hidden marriages and hidden births in the workplace. The reason is that the employer refuses to hire married childless women because of concerns about women's pregnancy, childbirth and maternity leave. Then, when recruiting, can the employer ask about the marriage and childbirth of the workers? The following is a detailed introduction for everyone. The Labor Contract Law stipulates that employers have the right to know when recruiting workers, and workers also have the obligation to truthfully explain. But this does not mean that the employer can ask the workers at will, because the employer must exercise the right to know within a reasonable range, that is, it can only know the basic information directly related to the labor contract. What is the basic situation directly related to the labor contract? In this regard, the law has not made clear provisions. Generally speaking, workers' health status, knowledge and skills, education, professional qualifications, work experience, etc. Will be regarded as the basic situation directly related to the labor contract. In addition, these basic information will vary according to the nature of the industry. For example, the history of specific infectious diseases (such as hepatitis B, defecation and sanyang) is not within the scope of the employer's right to know in general industries, but in the catering industry, workers have the obligation to truthfully explain whether there are specific infectious diseases (hepatitis B, defecation and sanyang). Employers cannot pry into the personal privacy of workers in order to understand the situation, such as asking about the marriage and childbirth of workers. Unless the employer can prove that these personal privacy is directly related to the performance of the labor contract, such as the normal professional requirements of the employee's position, it will affect his work ability or work effect. Otherwise, the employer will violate the relevant provisions of the Employment Promotion Law and decide whether to hire based on these personal privacy.
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