Legal popularization: pregnancy is fired, female employees protect their legal interests with the law

The laws of our country have always advocated that men and women have equal labor rights, and the labor supervision department also pays great attention to protecting the labor rights and interests of female employees.However, there are always some enterprises to violate the legitimate rights and interests of female employees during pregnancy, and forcing female employees during pregnancy to safeguard their legitimate rights and interests through legal weapons.

Xiao He is a young performance commissioner who just married.After three months of internship period, after joining a new company, it finally successfully changed before the National Day.The younger colleague also held a righteous ceremony to congratulate her.Soon after the National Day, Xiao He felt that he was not very comfortable, so he went to the hospital for examination and found that he was pregnant. Xiao He was very happy.Tell the unit’s leadership.

However, after learning about this, the unit leader did not say anything. The next day, the personnel department told Xiaohe that Xiao He had been fired by the company and asked Xiao He to sign in the termination of the contract notice, and immediately left the unit after signing.Xiao He thought that the company was fired before signing the social security for itself. His birth allowances could not be collected, and labor rights and interests were seriously infringed.Xiaohe has tried to communicate with the company’s leaders many times, but the company leaders have always refused to explain to Xiao He. Helplessly, Xiao He could only sue the company to court.

The court determined that the company had to compensate Xiao He’s fertility allowances of tens of thousands of yuan and illegal lift compensation.

1. The company’s expedition to the female employees for no reason constitutes an illegal lifting of the law

According to Article 58 of the Labor Law, how pregnant in this case does not belong to the conditions for the company to unilaterally lift the two parties to sign the labor contract.If the company directly lifts the labor contract during pregnancy, then the company constitutes illegal cancellation, and punitive compensation should be paid.In this case, because the company did not pay social security in time after Xiao He joined the job, it caused Xiao He to interrupt the social security before pregnancy. Once the company was fired, it was impossible to receive the maternity allowance of the social security institution.bear.

Second, the company does not pay any compensation

Taking this case as an example, if you feel that your status is no longer suitable for the job responsibilities of the salary commissioner, then Xiaohe can actively propose to terminate the labor contract with the company.He has no legal disputes with the company.

Third, the company’s legally dismissal

According to Article 36 of the Labor Contract Law, Xiao He’s company can take the initiative to negotiate with Xiao He for resignation. After the two parties reached an agreement, the company’s labor contract was legally terminated.Berk punishment compensation for illegal lifting.

The labor law in my country has a clearly stipulated protection clause for female employees, especially female employees during pregnancy.Especially wages, working hours, conditions, and the situation of termination of the contract all have clear regulations.Female employees during pregnancy will not only be severely punished by law, but also have a serious negative impact on the company’s image.Therefore, for female employees during pregnancy, the company should provide equal treatment and protection. It must not be due to pregnancy, to relieve labor contracts or expel, etc., and damage the legal rights and interests of female employees during pregnancy.To ensure the rights and interests of employees and companies.

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