The legal basis for the employer to terminate the labor contract of pregnant female employees is the provisions of Item 2 and Item 3 of Article 39 of the Labor Contract Law, and the employer must suffer great damage to meet the legal conditions if it is seriously negligent. The low attendance rate is not the legal condition to terminate the labor contract, which leads to the low attendance rate. It is nothing more than sick leave and absenteeism (maternity leave, annual leave, family leave and funeral leave are all rights stipulated by law and cannot be used as a factor to calculate the low attendance rate). The employer's cancellation and low attendance rate are obviously not due to absenteeism. Sick leave is approved by the employer and does not violate the rules and regulations of the employer. Generally speaking, being late does not constitute.
When a female employee applies for labor dispute arbitration to defend her rights, she does not need to submit the proof of the employer's illegal dismissal, but only needs to submit an application. The certificate of dissolution of the labor contract (dismissal document), identity certificate and labor contract issued by the employer will prove the legality of dismissal.
Labor Contract Law
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations.
When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.
In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.
The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
the Supreme People's Court
Interpretation of some problems about the application of law in the trial of labor dispute cases
French interpretation [200 1]No. 14
Article 13 The employer shall bear the burden of proof for labor disputes caused by decisions made by the employer, such as dismissal, expulsion, dismissal, dissolution of labor contracts, reduction of labor remuneration, and calculation of the working years of workers.
Article 19 The rules and regulations formulated by the employing unit through democratic procedures in accordance with Article 4 of the Labor Law do not violate the laws, administrative regulations and policies of the state, and have been publicized to the workers, which can serve as the basis for the people's courts to hear labor dispute cases.