Recently, a few HR friends asked a question of similarity, that is, how to deal with the issue of labor relationship between female workers after pregnancy.
As an enterprise HR, it is a headache when encountering such problems. After all, women’s employees have no way to control such things as HR.After the incident, it does affect the employment cost and normal operation of the enterprise. After all, the country has passed the cost of social welfare to the enterprise. Enterprises must provide relevant benefits to female workers during pregnancy according to national requirements., To reduce the workload, etc., it is also necessary to bear. Because the female worker’s pregnancy cannot be under normal output, the additional recruitment of newcomers takes over, and the additional recruitment costs, training costs, and other employment costs are caused.Therefore, some business owners ask HR to deal with it.For such issues, national regulations have clear regulations, so how should we deal properly as HR?After all, a bad handling will bring losses to the enterprise, and it will also affect the physical and mental health of pregnant female employees. The last two ends are not pleased.In the end, the result is that most companies will try to consider married women when recruiting female workers. Therefore, under the conditions of the same recruitment, men> women are married> women are unmarried.
To be honest, in the environment of the domestic market in China, companies are not resisting female employees, but they are resisting that when you are pregnant, you cannot generate enough value for the company. Even some people have just joined the company.When it is incomplete, it starts to have a long vacation. It not only wastes the resources of the organization, but also cannot produce. Enterprises also need other additional costs that they need to pay alone.
So how should we handle it properly as a female worker who is pregnant as soon as I get up?
First of all, to deal with such problems, we must understand whether the current laws and regulations have relevant regulations.
1. Article 26 of the "Protection Law of the Women’s Rights and Interests of the People’s Republic of China" stipulates that no unit may dismiss female employees or unilaterally terminate labor contracts on the grounds of marriage, pregnancy, maternity leave, and breastfeeding.
2. Article 4 of the "Provisions on the Protection of Women’s Workers" stipulates that it shall not reduce their basic wages during the pregnancy, delivery, and lactation period of female employees, or to cancel the labor contract.
3. Opinions on the implementation of several issues of the Labor Law of the People’s Republic of China. Article 34 stipulates that in addition to the situation stipulated in Article 25 of the Labor Law, the workers will beWhen the labor contract period expires, the employer shall not terminate the labor contract.The term of the labor contract should be automatically continued until the medical period, pregnancy, yield and lactation period expire.
After reading the above regulations, whether the female worker is pregnant, the company cannot lift the labor contract with it.In fact, this problem should be divided into two parts. If the employees during pregnancy have the following 39th situation, the employer can still unilaterally relieve the labor relationship. Regardless of whether the employee is pregnant, there is no need to pay any compensation.
Article 39 If a laborer has one of the following circumstances, the employer may terminate the labor contract:
(1) If it is proved to be not met the conditions for hiring during the trial period;
(2) The rules and regulations of the employer are seriously violated;
(3) Seriously negligible, fraud in business, causing major damage to employers;
(4) Establishing labor relations with other employers at the same time with other employers will seriously affect the work tasks of the unit, or if they are proposed by the use of people, they refuse to make corrections;
(5) Due to the situation stipulated in Article 26, paragraph 1, paragraph 1 of this Law, the labor contract is invalid;
(6) Criminal responsibility is investigated in accordance with the law.
If the employee does not have the above situation, if the employer insists on the termination of the labor contract with the employee, it is illegal, and it shall bear the corresponding compensation liability in accordance with the law.
Case:
The young white -collar Lili, who was just married, had to take care of the family in order to take care of the family to apply for a position in charge of the warehouse of a logistics company.Less than half a month after entering the company, the personnel department of the Logistics Company notified Lili that she was not suitable for her current job and said that it was about two weeks of Lili for about two weeks. After Lili had a new work intentionrelation.But before Lili, Lili found that she was pregnant.After getting the test sheet in the hospital, Lili was surprised first. Later, she was ecstatic. She quickly found the company manager and said that she was pregnant. According to the law, employees during pregnancy could not be dismissed.The company manager said that her company’s dismissal Lili was not because Lili was pregnant, but because Lili was not suitable for current jobs, she could dismiss.Lili filed an arbitration application to the labor arbitration agency.Because the logistics company is very complete for employees’ hiring procedures, the assessment content of employees during the probation period is very detailed and available. The assessment content confirms that Lili does not meet the requirements of the logistics company.In the end, in accordance with Article 39 of the Labor Contract Law in my country, the arbitration agency determined that the labor contract relationship between Lili and the logistics company was terminated.Lili refused to accept the results of the arbitration and filed a lawsuit with the court. The judgment made by the court was consistent with the arbitration results. The judgment logistics company and Lili terminated the labor contract.
Therefore, this case tells us that female employees need to work hard even if they are pregnant, and obtain the employer’s approval with their own work ability and attitude, so as to obtain work, otherwise the employer can be rejected by "unqualified".In addition, the employer must establish a comprehensive employment procedure and assessment content, and the assessment of the employees during the probation period must be as detailed as possible, so as to protect their legitimate rights and interests.Can be rational.
So do you have already understood whether you are pregnant? In fact, you are not pregnant, not a "free gold medal". Only by working hard can you keep a job.
Follow me and learn more about the HR industry!
