Three days after pregnancy, some female employees were dismissed by the company during pregnancy. It is unfair for female employees to be dismissed by the company. The following is the relevant content of being dismissed after three days of pregnancy.
Dismissed after three days of pregnancy 1 A recent news will definitely attract the attention of some expectant mothers, that is, a expectant mother was pregnant for about 47 days, but she was dismissed by the company just three days after she joined the company. We might think, maybe that's why. But the company's resignation certificate says that it is not qualified for this position. Not only that, the lady unexpectedly lost her job and wanted an explanation from the company. Below, let's learn more about what happened.
The expectant mother is Ms. Yang, but she didn't know she was pregnant for about 47 days until the day before the interview. For the job interview, she also specifically asked her lawyer if she wanted to tell the company that she was pregnant, but the lawyer told her that this was her personal privacy and whether it was her own business. So she didn't say anything about pregnancy when she went to the interview.
After that, she joined the company, but she was asked to leave after only three days. So Ms. Yang felt that the company let her leave because she was pregnant, and because she had a conflict with her boss, she felt that she had been hit and lost her job. She wants the company to give herself a statement. However, according to the manager of the company, Ms. Yang did not say that she was pregnant when she provided her resume, and the company did not know. It was entirely because Ms. Yang was not qualified for this position that she left the company.
After the police intervened, it was learned that Ms. Yang did not have an excessive conflict with the boss of the company that day, but the boss spoke loudly. At that time, the boss apologized to Ms. Yang. The manager also said that Ms. Yang's abortion had nothing to do with the company. Later, the lawyer also said that pregnant women can also dissolve the relationship during the probation period. However, if Ms. Yang wants to prove that her abortion is related to this matter, she needs a certificate from the hospital to prove the reason.
I would like to remind all expectant mothers that they should always pay attention to their health, and safety is always the first. You can't get angry or have an argument because of some trivial things, which not only can't be solved harmoniously, but sometimes will affect your pregnant self. So when you encounter something, you must treat it calmly and peacefully.
How to compensate pregnant women who have been dismissed for three days?
Dismissed according to law, without compensation; In case of illegal dismissal, compensation shall be paid at twice the economic compensation. Secondly, at this time, the dismissal of the employer constitutes illegal termination, and the laborer has the right to request to continue to perform the labor contract or to request economic compensation from the unit. In the case that the employee is pregnant, it is illegal for the employer to terminate the labor contract as long as the employee does not have one of the circumstances stipulated in Article 39 of the Labor Contract Law (due to the fault of the employee), and the employee may ask the employer to pay compensation. Dismissal requires dismissal compensation, then? For, there are the following aspects:
I. Legal basis:
According to Article 42 of China's Labor Contract Law: "If a worker is under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: a female worker is pregnant, giving birth or breastfeeding; Therefore, according to the Law on the Protection of the Rights and Interests of Women and Children and the Labor Law, women cannot terminate their labor relations during pregnancy and lactation, and the term of the labor contract should be extended before the expiration of the "three phases" such as pregnancy, childbirth and lactation.
How to compensate for dismissing employees during pregnancy?
First of all, the company can't ask to terminate the labor contract with employees because they are pregnant. The labor law stipulates that pregnant employees cannot be fired. You can complain to the labor bureau and go back to work.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 39 of the Labor Contract Law 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.
What are the provisions in the labor law about the compensation for dismissing pregnant women?
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. During pregnancy, unless the employer dismisses the employee in accordance with provisions other than Article 39 of the labor contract, it shall bear corresponding legal responsibilities. Now the company must resume the labor contract and pay the corresponding wage insurance. 2. Before the unilateral dismissal of the company, the pregnancy compensation department has passed the arbitration negotiation, including: salary (third salary), maternity insurance benefits, social insurance benefits, etc.
(that is, freelancers pay maternity insurance and medical insurance according to a fixed period of time, and the Ministry of Education pays by medical insurance), then social security benefits can be claimed, that is, the social security payment department enjoys social security benefits and wages and benefits, and the average income of workers before dismissal1February is calculated according to basic wages and fixed bonuses, and other extra income should be included in wages and benefits. Unless the employer dismisses the employee according to the provisions of Article 39 of the labor contract, it shall bear corresponding legal responsibilities. Now choose: 1 to continue the labor contract, and the company must restore the labor relationship and pay the corresponding wages and benefits. 2 The company unilaterally surrenders its insurance. Before the actual dismissal, the pregnancy compensation department will negotiate and arbitrate, including: salary (third salary), maternity insurance benefits, social insurance benefits, etc. Regarding maternity insurance benefits, medical insurance policies and maternity insurance benefits for freelancers are included in the scope of medical insurance.
(that is, freelancers pay maternity insurance, and the Ministry of Education pays according to the fixed period of medical insurance), they can apply for social security benefits, that is, the social security payment department pays social security benefits and enjoys salary benefits, and the average income of employees 12 is calculated according to basic salary and fixed bonus. First of all, it is necessary to determine the reasons for dismissal, and the reasons for dismissal determine whether economic compensation or compensation is needed.
Production is a necessity for female workers, and women will encounter all kinds of things during pregnancy.
Attachment: Article 39 of the Labor Contract Law: Under any of the following circumstances, the employer may terminate the labor contract:
(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.
How to stipulate the compensation standard for pregnant women being dismissed by the unit?
And then what? The wages and benefits here should not change. If a female employee is pregnant, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law.
Article 42 of the Labor Contract Law The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is under any of the following circumstances: (1) The employee who is exposed to occupational hazards has not undergone occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation; (2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work; (3) Being sick or injured non-work-related, and within the prescribed medical treatment period; (four) female workers during pregnancy, childbirth and lactation; (5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
Dismiss employees on the grounds that they must be pregnant.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
Second, due compensation: the state has clearly protected the rights and interests of female employees during pregnancy. What should I do if the employer violates the regulations and dismisses illegally? Pregnant workers have the right to apply for the following compensation:
1. Compensation for illegal termination of labor relations: the calculation method of economic compensation is equivalent to 2 times: working years ×65438+ average salary in February before leaving the job ×2 times (see Articles 42, 47 and 87 of the Labor Contract Law for details).
2, pregnancy, childbirth, lactation "three noes" salary.
3. Wages and overtime pay (if any) shall be paid together.
The economic compensation is calculated according to the working years in the employer, and the employer may be required to pay the economic compensation equivalent to two months' salary every full year. The compensation is twice the economic compensation. Once the employer illegally dismisses pregnant workers, the price paid is also huge. If the contract is terminated according to the provisions of Article 39, the employer does not need to pay economic compensation. The state's legal protection of female employees as vulnerable groups is very in line with the actual situation, because once pregnant female employees are illegally dismissed, it will be difficult to find a job before the end of lactation, so the state prohibits employers from dissolving labor relations during pregnancy.
According to Article 42 of the Labor Contract Law
Item (4) stipulates that during the pregnancy of female employees, the employer shall not terminate the contract except for serious violation of law and discipline and one of the circumstances stipulated in Article 39 of the Labor Contract Law. The most common is that female employees are dismissed when they are pregnant. The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) The employee exposed to occupational hazards did not undergo occupational health examination before leaving his post, or the suspected occupational disease patient was in the period of diagnosis or medical observation; (2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work; (3) Being sick or injured non-work-related, and within the prescribed medical treatment period; (four) female workers during pregnancy, childbirth and lactation; (5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(four) female workers during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
According to the law, the employer shall not reduce the salary, dismiss, terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding.
Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
If the employer dissolves or terminates the labor contract in violation of the law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation to the employee at twice the economic compensation standard.
If the employee has the circumstances of Article 39 of the Labor Contract Law, he can be dismissed (even if he is pregnant) and does not need to pay economic compensation.
The economic compensation shall be paid to the laborer according to the number of years the laborer has worked in this unit and the standard of paying one month's salary for each full year. Therefore, if an employer dismisses a pregnant female employee legally, gratuitously or illegally, according to Articles 48 and 87 of the Labor Contract Law, if the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation at twice the economic compensation.
After being employed for three days and being dismissed after pregnancy, it is necessary to pay 654.38+0.3 million yuan to the company. Women enjoy these rights during pregnancy.
Ms. Li, who lives in pingdu city, Qingdao, Shandong, has been very upset in recent years. It turned out that what bothered her was not for anything else, but that she was pregnant and had a child. For others, pregnancy was originally a happy event, but Ms. Li was dismissed by the company because of pregnancy, and she was also claimed by the company for 6.5438+0.3 million. After Ms. Li's affairs were reported by many media, she once went on a hot search.
It turned out that Ms. Li joined a company in Qingdao on October 20 1 13 10. In August 20 18, Ms. Li applied to the company not to work overtime after she became pregnant, and after being rejected, she signed a voluntary overtime agreement with the company. After that, the company transferred her from the quality inspection post to the workshop where she was exposed to chemical glue. Considering that chemical elements may affect fetal development, Ms. Li does not agree to transfer the fetus. From then on, the company refused to arrange practical work for her, refused to let her into the office, and did not allow her to eat in the company at noon. Finally, the company issued a warning notice to Ms. Li about passive slacking.
On September 20 18, the labor contract was terminated with Ms. Li. At the same time, the company allowed Ms. Li to compensate130,000 yuan on the grounds that laziness caused economic losses to the company. It's really irritating to see this news. Although we don't know whether Ms. Li was dismissed by the company during pregnancy, sisters need to know that women in the workplace enjoy these rights after pregnancy! Be clear!
1, you can't take a salary cut during pregnancy and childbirth.
Women who are pregnant for more than seven months must rest for one hour every day and may not arrange night work. In addition to not giving pregnant women too heavy a job, they can't just cut their wages. The Regulations on Labor Protection of Female Workers promulgated by the State Council shall not reduce the basic salary of female workers during pregnancy, childbirth and lactation. So sisters, during pregnancy, the company can't deduct wages casually on the grounds of pregnancy ~
2. The company can't dismiss pregnant women casually.
After a woman is pregnant, she can't just quit. After all, national laws are here. Article 26 of the Law on the Protection of Women's Rights and Interests stipulates: "No unit may dismiss female employees or unilaterally terminate labor contracts on the grounds of marriage, pregnancy, maternity leave or breastfeeding." Therefore, it is illegal to expel pregnant women in news reports, and if a woman's labor contract expires during pregnancy, she can't terminate the labor contract until at least one year after giving birth.
3. There is also a holiday for inspection.
Generally speaking, when a woman is pregnant, she must have at least five prenatal examinations, so the labor law also stipulates maternity leave. During the first 1-7 months of pregnancy, women have a 1 day holiday every month, which is mainly used for prenatal examination and health training. In the eighth month of pregnancy, women have two days off every month, and those who are pregnant for more than nine months have four days off every month, but because the baby is coming at this time, two of them are counted in the pre-maternity leave.
4. This is how women take maternity leave.
Generally speaking, how many days can a woman take maternity leave when she is pregnant? Generally speaking, it is 98 days (maternity leave) 15 days (childbirth in distress) 15 days (multiple births have one more baby). After the end of maternity leave, women can take 1 hour breastfeeding leave every day until the child reaches the age of one. Women who are pregnant can also take a vacation before delivery 15 days; At the same time, pregnant less than 4 months, enjoy 15 days maternity leave; Abortion after 4 months of pregnancy can enjoy 42 days of delivery. Generally speaking, we should also have a good abortion, and women must take care of themselves.
Of course, pregnant women should firmly believe in national laws. If her sister is illegally dismissed during pregnancy, she must apply to the local labor and personnel bureau for arbitration, safeguard her legitimate rights and interests, and seek legal assistance from the local trade union if necessary. If sisters encounter the need to protect their babies during pregnancy, it is best to go to an authoritative hospital and issue a formal diagnosis certificate to facilitate the leave process.
At the same time, when pregnant women need to take a vacation due to physical reasons during pregnancy, it is best to go through formal procedures to safeguard their legitimate rights and interests. However, I still remind my sisters that it is best to work within your capabilities during pregnancy. If you choose a job, you should stand in every shift and do something you can. If you can't finish the work, you'd better make the corresponding handover, and don't cause great losses to the company because of pregnancy.