During the probation period, female employees found that she was pregnant.She took the initiative to inform the company’s leaders, but waited for the result of being fired!On April 16th, Ms. Wang, 28, told her experience in the workplace through Weibo "@4 4", which aroused the attention of netizens.
During the probation period, pregnant female employees were fired
Ms. Wang was 28 years old and joined a company in Dalian on February 11 this year.She works as a web design in the new company.She learned at the time of employment that the company’s probation period was from 1 to 3 months.In other words, if everything goes well, it can be turned into a formal employee at the latest in May.
On April 13, Ms. Wang found that she was pregnant.She was pregnant with her first child and had been pregnant for 40 days.The new life is coming, and the family is happy.In the unit, Ms. Wang took the initiative to tell the leader that she was pregnant.At the same time, she also proposed whether to pay social security in advance because maternity insurance would be used when giving birth."I told the leader that I could continue to work during maternity leave." Ms. Wang said that she originally thought that the company’s leaders could understand her situation.What she didn’t expect was that after the leader learned that she was pregnant, she stated that she would dismiss her and paid her more than 200 yuan for more than 200 yuan as compensation.
"Cold blood removal" hurts her very much
That afternoon, Ms. Wang left the company.She was sad because she was dismissed.She told reporters that when she joined the company, she did not sign a labor contract with the company, and the two sides did not talk about the issue of welfare treatment on fertility after the employment.The work intensity she is responsible for the company is not very strong, although she is pregnant, it will not affect work.Ms. Wang said that after she found that she felt unwilling to go after pregnancy, she wanted to communicate frankly with the leader before turning, but she did not expect that the leader would directly dismiss her.Since then, Ms. Wang has been looking for a job, but because of pregnancy, the progress has not been smooth.
On April 16, Ms. Wang attracted a large number of netizens’ attention after telling her experience through "@4 4".Many netizens supported Ms. Wang’s point of view and left messages to support her.However, there are also a few netizens that we must understand the decision of the company’s leaders. After all, it is not easy to operate a company. If Ms. Wang stays in the company, it may increase the employment cost of the enterprise.At the same time, some netizens even questioned that Ms. Wang was using pregnancy as a "benefit of fishing company."In this regard, Ms. Wang felt wronged. "When she first entered the company, she was not pregnant. After discovery, she told the leader for the first time based on the principle of integrity.
During the interview, Ms. Wang refused to disclose the company’s name.She said that she hoped that through the media, she called on the legitimate rights and interests of women during pregnancy. The original intention was not to "expose" the original unit.
[lawyer]
The company’s move is suspected of illegal law
So, is the employer who dismisses the pregnant female employees of the trial period, is this approach?
In this regard, Liu Wanxin, deputy director of Liaoning Hongzhan Law Firm, said that according to the Labor Contract Law, employers and workers should sign a labor contract when establishing labor relations.Although the probation period has the characteristics of flexible labor compared with the formal labor relationship after the transfer, the labor relationship in the probation period is also part of the labor relationship. Establishing a trial period of labor relationship also needs to sign a labor contract.
At the same time, according to the "Labor Law", if female employees during pregnancy, birth, and lactation, employers shall not terminate the labor contract; if female employees cannot be competent during pregnancy, employers can adjust their work content and scope appropriately.In other words, the company’s actions are suspected of illegal, and the company should fully guarantee the legitimate rights and interests of female employees who are in pregnancy, delivery, and lactation.
[Phenomenon]
The number of "second -child cases" continues to increase
Liu Wanxin said that in judicial practice, the number of labor disputes in elderly women in recent years has risen.The proportion is increasing, and this situation deserves the attention of the society.
At the same time, Liu Wanxin said that from the perspective of the starting point of legislation, the work of pregnant women is "weak", and their rights should be fully protected.However, pregnancy is not the "universal key" of female employees in the workplace.After all, legal protection is also bounded.In some cases, female employees cannot require employers to perform labor contracts or pay corresponding resignation compensation, including negotiations between the two parties and the legitimate termination of the labor relationship.
【News Link】
Due to pregnancy by the company
After the victory, she was arranged to work at the construction site
In March 2018, Ms. Chen in Changchun City, Jilin Province joined a company with a trial period of 3 months.In July of that year, she found that she was pregnant and told her colleagues. I did not expect that the company had been urging her to resign when she learned it.Ms. Chen felt that her rights and interests were violated, so she brought the company to the court and asked the company to continue to perform the contract.Since then, Ms. Chen has won the case.However, at the beginning of December last year, Ms. Chen returned to the company to work and found that her job was already adjusted. She was arranged to work alone.There is no bathroom in the construction site. If she wants to go to the toilet, she needs to walk far away to solve the internal emergency. The company’s approach makes her chilling.
Editor -in -chief: Tao Feng Text Editor: Zha Rui Title Picture Source: IC Photo Picture Editor: Su Wei
