How can I defend their rights in less than a month of pregnancy?

No written labor contract,

I was fired during pregnancy …

People in the workplace encounter such a situation,

How to protect your legitimate rights and interests?

What compensation can be advocated?

Look at the case.

Basic case

On March 11, 2019, the woman Hu joined a equipment company in Hunan to serve as a senior trading consultant. The two sides did not sign a written labor contract.A equipment company arranged work tasks to Hu through WeChat and paid labor remuneration on a monthly basis.

On April 8, 2020, after inspection by the hospital, Hu had been pregnant for 12 weeks, and a equipment company also knew the fact that the pregnancy was.On April 27, the company lifted the employment relationship with Hu.

Hu applied for labor arbitration and asked the company to pay the two -time salary and illegal termination of labor contract compensation for not signing a written labor contract.In October 2020, the Arbitration Commission ruling the company paid Hu Mou’s compensation of 30,000 yuan, and the wage difference was 30310.34 yuan.Both Hu and a equipment company did not accept the results of the arbitration and sued to the People’s Court of Yuelu District, Changsha City.

During the trial, a equipment company argued that with Hu to terminate the labor contract because Hu made a fake order during his job.

It is also found that according to the salary issuance records submitted by the two parties, the court statistics the average calculation of the average annual salary of 8 months before the departure of Hu’s departure was 8918.58 yuan.

Referee result

According to trials, the court held that although a equipment company advocated that Hu made fake orders during his job and seriously violated corporate discipline, the evidence submitted was only a system screenshot.In operation, the company did not explain the reason for the exalculation when lifting the employment relationship with Hu.Therefore, the court determined that a equipment company to lift the labor relationship with Hu is clearly lacking reasonable, and Hu was terminated during pregnancy. A equipment company also knew the fact that Hu Mou was still in pregnancy.contract.In accordance with Article 87 of the Labor Contract Law of the People’s Republic of China, the compensation of the labor contract shall be paid to the illegal termination of the labor contract. The specific calculation is 26755.74 yuan (8918.58 yuan/yuan × 1.5 months × 2 times).

In addition, Hu joined on March 11, 2019. A equipment company has not entered into a written labor contract with Hu, and it should pay Hu Mou’s salary from April 12, 2019 until March 10, 2020.For the calculation standard of doubling salary, the salary shall be paid in accordance with the actual salary of the workers. Because some of the salary payment records submitted by the two parties, the company’s actual payment of Hu’s salary during the period is not determined.The average salary of the month is calculated, and its difference is 98104.38 yuan (8918.58 yuan/month × 11 months).

In summary, the court judged that a equipment company paid the plaintiff Hu and did not sign a written labor contract for double the wage difference of 98104.38 yuan, and the illegal termination of the labor contract compensation was 26755.74 yuan.

Judge

Laws and regulations such as the Labor Law of the Women’s Rights of the People’s Republic of China and the Labor Law of the People’s Republic of China and other laws and regulations stipulate that female employees enjoy special labor protection during pregnancy, delivery, and breastfeeding.Article 42 (4) of the Labor Contract Law of the People’s Republic of China clearly stipulates that female employees are prohibited from randomly lifting the labor relationship at will in pregnancy, delivery, and lactation during pregnancy.The judgment of this case ordered the employer to bear the legal responsibility that violates the compulsory regulations of the protection of female employees’ rights and interests, and is a typical case of protecting female employees during pregnancy.

Law link

"Labour Contract Law of the People’s Republic of China"

Article 87 If the employer violates the termination of or terminate the labor contract in violation of the provisions of this Law, it shall pay the workers in accordance with the double economic compensation standards stipulated in Article 47 of this Law.

Article 47 Economic compensation is paid to workers according to the standards of workers working in their own units and pay a monthly salary every year.For more than one year for more than six months, it is calculated in one year; if it is less than six months, the economic compensation of the workers pays half a month of salary.

Article 82 If the employer does not make a written labor contract with the worker for more than a month from the date of self -employment of the employer, it shall pay the wages of the workers twice the monthly monthly salary.

Source: Hear Qinghai

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