In the case of a worker being pregnant, if the company can prove that the employment conditions and assessment standards have been determined during the recruitment process and clearly informed the worker, and then prove that the worker does not meet the hiring conditions and during the probation period, It is legal to dismiss employees on the grounds that they do not meet the employment conditions. Even if the employee is pregnant, the employee can be dismissed without paying financial compensation
Article 39 of the "Labor Contract Law" stipulates: The employer It shall not be liable for compensation for losses or damages suffered by workers due to pregnancy. p>
Article 39 of the "Labor Contract Law" stipulates that if an employee is proven not to meet the employment conditions during the probation period, the employer may terminate the labor contract. However, when the employer terminates the labor relationship with the employee based on this, it must provide evidence to prove that the employee has been clearly informed of the specific employment conditions and prove that the employee does not meet the employment conditions during the probation period. Otherwise, the employer will have to bear the adverse consequences of being unable to provide evidence and then pay compensation to the employee for illegal termination of the labor contract.
As long as the employee does not fall under one of the circumstances stipulated in Article 39 of the Labor Contract Law (due to the employee’s fault) and the employer illegally terminates the labor contract, the employee can request the employer to pay compensation. . If an employee falls under the circumstances stipulated in Article 39 of the Labor Contract Law, he or she can be dismissed (even if she is pregnant) and does not need to pay financial compensation.
Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker. The compensation shall be twice the economic compensation.
?If you do not require the payment of compensation, you can ask for the continued performance of the labor contract, and ask the employer to bear the loss of wages and salaries during the illegal termination of the labor contract. Even if you do not work, you can also ask the employer to pay normal wages.
Finally, it is recommended that you inform your employer of your pregnancy immediately and keep relevant evidence.
"Labor Contract Law"
Article 39 If an employee has any of the following circumstances, the employer may terminate the labor contract:
(1) Proved not to meet the employment conditions during the probation period;
(2) Seriously violated the rules and regulations of the employer;
(3) Serious dereliction of duty. (3) Abusing public power or engaging in malpractice for personal gain, causing significant damage to the employer;
(4) The employee establishes labor relations with other employers at the same time, seriously affecting the completion of the unit's work tasks, or the economic performance of the employer. The employer refuses to make corrections upon request;
(5) The labor contract is invalid due to the circumstances stipulated in Item 1, Paragraph 1, Article 26 of this Law;
( 6) Being held criminally responsible according to law.
Article 42: The employer shall not terminate the labor contract under any of the following circumstances:
(1) Workers engaged in operations exposed to occupational disease hazards fail to undergo pre-job occupational health examinations; or suspected occupational disease patients are during the diagnosis or medical observation period;
(2) Workers engaged in operations exposed to occupational disease hazards do not undergo pre-job occupational health examinations, or suspected occupational disease patients are during the diagnosis or medical observation period ;
(2) Suffering from occupational diseases or work-related injuries in the unit and confirmed to have lost or partially lost the ability to work;
(3) Sickness or non-work-related injuries, in the prescribed period During the medical treatment period;
(4) The female employee is during pregnancy, childbirth, or lactation period;
(5) The employee has worked continuously in the unit for fifteen years, and Those who are less than five years away from the statutory retirement age;
(6) Those who have worked in the unit for fifteen consecutive years and are less than five years away from the statutory retirement age;
(7) In The employer has worked continuously for five years and is less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 47 Payment of economic compensation: Economic compensation will be paid based on the number of years the worker has worked in the unit, at the rate of one month's salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee's monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the people's government of the municipality directly under the Central Government or the people's government of the districted city where the employer is located, the standard of economic compensation paid to the employee shall be Three times the average monthly salary, the number of years for which economic compensation is paid to workers shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.
Article 48 If the employer violates the provisions of this Law to terminate or terminate the labor contract, and the employee requires continued performance of the labor contract, the employer shall continue to perform; the employee does not require continued performance of the labor contract or labor contract If it is no longer possible to continue to perform, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87: If the employer violates the provisions of this Law to terminate or terminate the labor contract, it shall pay compensation to the employee at twice the economic compensation standard in accordance with the provisions of Article 47 of this Law. gold.