Employees are pregnant and are pregnant. What should companies do if they have left their post -maternity leave?

As we all know, with the comprehensive implementation of the national "two -child" policy, the management issues of female employees in the third phase of the third phase have once again become the focus of people’s attention.

As the voices of "fully liberalizing fertility" are getting higher and higher, but if you really let go of fertility, it means that the national planning national policy that has been implemented for nearly 40 years will change.How to deal with the management difficulties of the third phase of female employees?

The so -called "female employee period" refers to: female employees during pregnancy, vacation, and lactation.

According to the Special Provisions of the Labor Law and the Labor Protection of Female Workers ":

1. The unit shall not reduce their basic wages during pregnancy, delivery, breastfeeding, or lift the labor contract;

2. During the pregnancy and breastfeeding period of female workers, the unit cannot arrange for strong labor and taboos, and cannot extend labor time;

3. For more than 7 months of pregnancy and breastfeeding female workers, night shifts are not allowed.

Female employees’ basic maternity leave is 98 days. The provinces also stipulate that the reward of maternity leave ranges from 30-80 days. In addition, due to difficulty in giving birth and multiple twins, the corresponding maternity leave days should also be added.During the maternity leave, the salary is issued; if the pregnancy abortion, the maternity leave shall be given according to the certificate of the medical department.

The state has clear legal protection for female employees’ "three phases". In management practice, companies often encounter female employees often ask for leave, "bubble disease leave", negative idle workers, or even unsuccessful.Dare to control the dilemma.

01

What should I do if I encounter the "Three -ICO Reminder"?

There is a widely circulated short story on the Internet. The content is as follows:

"On January 8, 2015, the new employee joined the post and recruited a post -90s little beauty. I felt praised. On March 1, attending the wedding of the little beauty. As a boss, it was the starting price of 2,000 yuan for a red envelope.

On May 28, 2015, the email received by the little beauty was two months pregnant. The doctor suggested that she was raised. As a boss, she blessed with tears.The salary of the little beauty was issued during maternity leave.

On March 17, 2016, the maternity leave of the little beauty ended, and finally returned to the company. The first thing was to send a full -month wine invitation. As a boss, pack another 1,000 yuan.

On August 31, the little beauty sent a red envelope in the group to tell everyone that she had a second child and continued to raise a fetus at home. As a boss, she blessed her tears.The salary of the second beautiful woman was issued during maternity leave.

In October 2017, he received an email from the little beauty, saying that her husband’s career was successful, prepared to resign home, be a full -time mother, and thanked for more than 2 years of concern. I learned a lot in this company.Time returns to January 8, 2015. As a boss, I feel that I have recruited a fake employee "

The author may wish to continue writing this novel as follows: "20xx, the state announced the full release of fertility. The company received an email from the little beauty again, saying that he was pregnant again …"

Based on the difficulty of statistics, the author cannot understand all female employees who have been pregnant soon as "malicious deception for three periods."But the phenomenon of pregnancy soon after joining is more common.

Some female employees even concealed the fact that she was pregnant.So as an enterprise, is there any good way to prevent or reduce losses to enterprises?

【method one】

To understand what time she is married through her resume and interview, whether she is in a age of pregnancy, and whether there are intended to be pregnant.

If it is a particularly excellent employee, the company may also be recruited, because the value she creates to the company far exceeds the cost of spending her.

【Method Two】

You can judge whether female employees are pregnant or whether they are pregnant or pregnant.

For example: If she is pregnant, she will not do some medical examination items.HR can judge and communicate whether the candidate has a plan to get pregnant.

In addition, the inspection of the employment should be used as one of the sections of the employment assessment, and the medical examination should not be arranged only after deciding the reservation.For female employees who are pregnant shortly after hiring, it is recommended that enterprises full use the probation period and use enough time to deal with it.

We also have to consider: Is this employee a talent we need?Or even if she is pregnant, can she continue to create value for the company?If we can continue to create value for the company, then we can make it right as scheduled.

If it is not such an important job, then she is not very useful for the company, so that we can follow Article 39 of the Labor Contract Law: "Prove that it does not meet the requirements for hiring during the trial period"removing work relations.

Here, the author needs to clarify: Article 39 of the Labor Contract Law, paragraph 1, paragraph 1, "does not meet the dismissal of the hiring conditions", is not contradictory with the relevant terms of the third phase of female employees who must not dismiss in violation of the law.

The provisions of various removal and non -economic compensation under Article 39 of the Labor Contract Law are suitable for universal employees, and whether the employee is in special states such as third phase, work injury, and sick leave (other laws have other provisions.Except).

Therefore, it is recommended that when signing a labor contract with employees, another job responsibilities instruction manual, or confirmation of the recruitment conditions should also be signed.

Let her understand what her job responsibilities, post characteristics and hire conditions are. Only by working in the early stage can she be more ease when they can use this clause in the later stage.

For example, a consultant unit used to produce and sell cosmetics as its main business. When the unit hired a female promoter of cosmetics, the female promoter was required to sign a "Confirmation of the Recruitment".matter:

1. This position is directly exposed to chemical positions with skin.Although these chemicals are harmless according to existing scientific and technological testing methods, according to more advanced scientific means in the future, the possibility of detecting the harm of these chemicals cannot be detected.Therefore, this position is not suitable for female employees who are pregnant.

2. Based on the characteristics of public promotion based on this post, that is, it is necessary to promote promotion on the public’s rest and holidays, which cannot avoid the possibility of night shifts.Female employees who are also not suitable for pregnancy.

3. Based on the work characteristics of this post, you need to provide a trial service for customers with a standing posture, so it is not suitable for female employees who are pregnant.

Therefore, if a female employee is pregnant during the probation period, it is not in line with the conditions of the employment; if you are pregnant outside the probation period, it is an indispensable job.The company will handle (dismissal or adjust the job) in accordance with the law.

Quote the above case description:

Companies can combine their own industry characteristics and job needs to request a female employee to sign the job responsibilities instructions, or to confirm the application conditions.

It is used to clarify what the application conditions are, and combined with the work performance during the probation period, it is easy to make feasible solutions, and to dismiss the female employees who maliciously deceive the three -stage treatment on the grounds of "do not meet the conditions of the hiring".

02

The third phase of employees are not disciplined

What should I do if I am lazy during work?

What should I do if I encounter employees who are not disciplined and lazy in the name of the three phases?Some female employees found that they were pregnant, and started not to ask for leave at random according to the process, and did not contact the company. They did not say whether they were still working in the enterprise. What should I do like this?

【method one】

It can be handled in accordance with Article 39 of the Labor Law.But we have to verify her situation. If we are indeed uncomfortable, we can treat it differently.

If this employee is fine, it is at home, and it provides a fake hospital to prove that we can deal with it according to the labor law.

【Method Two】

Treatment with absenteeism.Some employees will feel that "I am pregnant now. During the third period, the company has no choice to do it." In the early stage, I would ask for leave. After a few times, I felt that I did n’t have to go to work in the later period, and I did n’t have to perform any leave procedures.

But this is not the case. The company will clearly stated in its own rules and regulations: There are no leave for leave for more than 3 days, and it will be treated according to absenteeism.As long as the enterprise has a legal system for publicity and the signature confirmation of the employee themselves, we can use this clause reasonably.

If employees do not perform leave procedures, they will seriously violate the company’s rules and regulations, and the company can terminate the labor relationship with the employees.

The author also wants to remind you that HR: Some employees do have contributed to the enterprise, and they must not be considered to be lifted when they encounter the third phase of female employees. This is also a very important aspect of corporate culture construction.Are there any companies knowing whether employees are pregnant or hired?In fact, there are.

For example, like a salesperson, as long as she talks about the business, it is not necessary to take a class.HR practitioners must fully understand the company’s business and distinguish every position;

It is clear which positions are not suitable for hiring three -phase female employees, and which positions can be hired by huting the third phase of female employees to guide the company’s leaders to create a harmonious and harmonious corporate cultural atmosphere.

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