Penalty standards for unmarried births, can unmarried births be eligible for maternity insurance benefits?

The end of the year is coming to an end, and a new era of 2013 is coming. Shenzhen is determined to gain exposure in the "Controversial Year of 2012". As the year comes to an end, the newly-promulgated "Shenzhen Special Economic Zone Population and Family Planning Regulations" have earned enough buzz even before they are implemented. The fines for "excessive childbirth" are accurate to single digits, and are imposed both at home and abroad. The most common complaint is that having a child out of wedlock does not count as having an unmarried child. Netizens raised questions, jokes, and raised objections to the regulations, filling the Internet with their voices.

How can such a top priority matter related to "life, old age, sickness and death" prevent the common people from being curious, doubtful, anxious, and asking for strategies to take advantage of the loopholes!

The most powerful thing about this "Regulations" that will be officially implemented on January 1st is that it clarifies the meaning and definition principle of "extraordinary life": both husband and wife are the basis. Municipal household registration, or a mainland Chinese citizen whose one party is registered in this city and the other is registered in a non-local city, violates the fertility policy of the woman’s place of household registration and gives birth to a child abroad and the child has registered in this city or has lived in the country for 18 months within two years. Yes, considered superborn.

Combined with other regulations on "excessive birth", the author summarized the following list:

The source of this fine amount is based on the per capita income in Shenzhen. Based on disposable income. In 2011, the per capita disposable income in Shenzhen was 36,505 yuan, that of a couple was 73,010 yuan, and tripled to 219,030 yuan. In other words, starting from next year, if you give birth to more than one child in Shenzhen, the fine will be 219,030 yuan. The fine of 73,010 yuan is a "social support fee", which is levied on both men and women based on the levy base (based on Shenzhen's per capita disposable income of 36,505 yuan in 2011, 73,010 yuan for husband and wife)

In other words: Having a child out of wedlock does not fall into the category of superbirth? ! Yes, here comes the point. The "Regulations" clarify that giving birth to a child out of wedlock is not considered an extra birth, but "if you give birth to your first child without registering marriage in accordance with the law and do not complete the marriage registration procedures within 60 days from the date of birth," you should pay 73,010 yuan.

Although you also have to pay a fine, this 70,000 yuan is nothing compared to the 220,000 yuan for a superborn child.

The wisdom of the people is strong. In order to win the "little witch" worth 70,000 yuan, most of the super-reborns will cling to loopholes and conjure up "seventy-two magic weapons". The author will give one or two examples here:

NO1: Find a fertility indicator from an unmarried girl

This is the simplest method. As long as you find an unmarried girl and apply for a fake marriage and birth certificate, you can have a "smooth" and "unknown" birth. Of course, if you have money, it will be easier. You only need to bribe the mysterious "relevant departments" and put the child's name in the household of an unmarried young woman, and everything will be solved. There are lessons to be learned from this method:

A piece of social news was exposed on the Internet: "The fertility index of a first-married woman shows that she has married a strange man and has a child!" It tells a story about a newlywed mother-to-be who went to give birth to the baby in her belly. The child was required to apply for a birth certificate to facilitate the child's "settlement" after birth. Unexpectedly, the family planning office would not apply for it because this girl had already applied for it two years ago!

NO2: Couple AB divorces, randomly finds a nominal partner C, has a child, breaks up with partner C, and AB remarries.

It’s a bit circuitous and tortuous, but this method is nothing more than a shortcut. A netizen on Baidu Tieba had such a plan. Because both husband and wife have urban registered permanent residence and have already given birth to a boy, they recently wanted to have another child, but the current fines for having more children are prohibitive, so they wanted to have another child through a "fake divorce" from their husband!

The basis for this strategy is: According to the regulations, "For divorced families, regardless of whether the two parties have children after divorce or remarry and have children, the children born are considered superborn. According to regulations, a fine of at least 220,000 yuan should be paid. However, if the divorced party marries someone else, he can have another child."

NO3: Couples who plan to get married, have a few children before getting married.

This is the most direct way to deal with it. "Having a child out of wedlock is not considered to have a child", which makes young people who decide to have a child silently put a stop to their marriage plans.

Weibo netizen small joked: "I plan to get married at the end of this year, but I have to change my plan depending on the situation. Sir, please get the certificates for the two children!"

Having a child out of wedlock is not considered a birth, and the levy will be levied Compared with the social support fee of more than 70,000 yuan and the extra child's 220,000 yuan, it is a win! Moreover, of the 73,010 RMB, both men and women will each pay part of it. The author is very curious, if the woman beats her to death and refuses to admit who the child's father is, will the man have nowhere to collect the child's child support?

"Having a child out of wedlock" is not the only hot topic of this new regulation. Netizens "worked hard" to study Chinese characters and complained a lot about the fine for "unmarried children":

< p> Questioner Liang Fei leoson: Shenzhen stipulates that giving birth to a child out of wedlock is not considered an extra child, and a fine of at least 220,000 yuan is required for an extra child. Not to mention how ridiculous this data is, even the basic logic is wrong. The document: In 2011, the per capita disposable income in Shenzhen was 36,505 yuan, 73,010 yuan for a couple, and 219,030 yuan three times. Question 1: Do you believe that disposable income reaches 36,000? After multiple verifications, Shenzhen’s per capita disposable income is 33,000, which does not exceed GDP at all. 2. Why simple sum?

Supporter Deng Haozhi: Shenzhen will fine at least 220,000 yuan for having one more child. This is more humane than a few aunties from the street office driving pregnant women to forcefully induce labor. In the long run, the family planning policy needs to continue, but our past methods are too inhumane. Although money has the final say when it comes to having children now, what in society is money not the final say? Clothing, food, shelter and transportation. After all, being reborn is not a crime that harms the natural world.

Soy Sauce Feng Zhui Lifeng: Dear, do you want to have a second child? Just divorce. According to Shenzhen's new rules, children born out of wedlock are not considered extramarital. Childbirth and purchase restrictions can be solved in one step.

Academic Xiaoyi Miss Hitomi: We must interpret the policy carefully... How to spend the least money - having a second child! !

Putting aside all kinds of weird "anti-extraordinary births", the fine of 220,000 for one extra-pregnancy child can actually be summed up as "you can have a child by spending money"; having a child out of wedlock is not allowed It is considered a super birth, but you have to pay 73,000 yuan in "social maintenance fees." It can also be summarized as "this method costs less." After all, it is actually a matter of "money".

For wealthy people with millions of dollars, a mere 200,000 yuan is just a piece of cake and not a problem at all. As long as you want to have a second child, you have no worries. However, it is hard to say whether those young people who are migrant workers, have just started working, or even have no job can afford to pay this amount. Furthermore, even if they cannot afford the money, what will the relevant departments do to them? What can they do to them?

If in the end we go full circle and return to the era of "sterilization" and "forced abortion", what is the meaning of this new regulation that is full of loopholes from head to toe?

< p> Case Analysis

Jia became an employee of a hotel in June 2004 and signed a three-year labor contract with the hotel, with a three-month probationary period. In August 2004, Jia, who was unmarried, found out that she was pregnant. After careful consideration, she planned to give birth to the child. In 2004, when Jia applied for maternity leave to the hotel, the person in charge of the human resources department believed that she had never paid maternity insurance premiums and could not enjoy maternity insurance benefits. At the same time, he believed that Jia was pregnant before marriage and did not comply with the hotel's policy that female employees who gave birth could receive 1,200 yuan. The provisions of the lump sum system of maternity benefits. Therefore, Jia was told that she could take maternity leave, but the hotel would not pay her wages during her maternity leave, nor would she enjoy any maternity-related benefits. Jia was dissatisfied and sued the hotel to the Labor Dispute Arbitration Committee, requesting that the hotel pay her wages during her maternity leave and related maternity insurance benefits.

This case mainly contains the following points of controversy:

★Focus 1: Can a person who has a child without marriage be able to take maternity leave?

★Focus 2: Can a person who has a child without marriage be able to take maternity leave? Can I enjoy maternity insurance benefits?

★Focus 3: If an employee has not paid maternity insurance, can he or she enjoy maternity insurance benefits?

★Focus 4: Can maternity benefits be paid on a lump sum basis?

After hearing the case, the Labor Dispute Arbitration Committee rejected Jia’s relevant complaints and ordered the hotel to cancel the lump sum of maternity expenses.

This case mainly contains the following points of controversy:

★Focus 1: Whether a person who has a child without marriage can take maternity leave.

Article 25 of the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" clearly stipulates: "Any unit shall, based on the characteristics of women, protect the safety and health of women at work and labor in accordance with the law. , and shall not arrange work and labor that are not suitable for women. Women are subject to special protection during menstruation, pregnancy, childbirth, and lactation. "It can be seen that maternity leave during the period of childbirth is legal, regardless of whether the childbirth complies with the family planning policy. Enterprises should unconditionally approve maternity leave requests. The state stipulates 90 days of maternity leave in order to ensure that mothers have enough time to recover their health. The enjoyment of maternity leave is not subject to compliance with the family planning policy. As long as there is a fact of childbirth, you should enjoy 90 days of legal maternity leave.

It can be seen that the hotel’s approach in granting Jia’s statutory maternity leave in this case was correct.

★Focus 2: Whether an unmarried child can enjoy maternity insurance benefits.

Article 18 of the "Population and Family Planning Law of the People's Republic of China" stipulates that "the state stabilizes the current fertility policy, encourages citizens to marry later and have children later, and encourages a couple to have one child." Fourth Article 11 also stipulates that "Citizens who have children who do not comply with the provisions of Article 18 of this Law shall pay social support fees in accordance with the law." And in the "Population and Family Planning Law of the People's Republic of China" Article 24 The article clearly stipulates that "the state establishes and improves social security systems such as basic pension insurance, basic medical insurance, maternity insurance and social welfare, and promotes family planning." It explains that the establishment of maternity insurance is to ensure the smooth implementation of family planning policies and violates family planning policies. Policyholders cannot enjoy relevant insurance benefits.

Our country’s maternity insurance requires that the recipients must be legally married, that is, citizens who must meet the legal marriage age, go through legal procedures in accordance with the marriage law, and comply with the national family planning policy, etc., and like Jia in this case Having children out of wedlock is a violation of the Population and Family Planning Law of the People's Republic of China.

In addition, Article 15 of the "Regulations on Labor Protection of Female Employees" stipulates: "If a female employee violates the relevant national family planning regulations, her labor protection shall be handled in accordance with the relevant national family planning regulations, and these regulations shall not apply. "Therefore, not only can Jia be unable to enjoy related maternity insurance benefits during maternity leave, including examination fees, delivery fees, surgery fees, hospitalization fees, medicine fees, wages, etc., but he should also pay social support fees in accordance with the law

< p>