A few days ago, a company requested that female laborers’ exempted commitment to automatically resign once they are pregnant have attracted attention on social media.The letter of commitment wrote: "I solemnly promise that once I am pregnant during the work of the company, I will automatically leave and give up any economic compensation and relevant legal responsibilities of the unit."
There is no doubt that the company is illegal and illegal. How can women deal with this situation?Open on the spot, don’t work, leave angrily, this is not cost -effective!The best way is to say what you say. Signing and joining the job, you should be pregnant, and the company cannot dismiss you!
1. "Reminded automatically" is valid?
invalid.Article 130 of the Civil Code stipulates that one or third party uses a coercion to enable the other party to violate the real meaning of civil legal acts, and the coercion has the right to request the people’s court or arbitration agency to revoke it.
Female employees signed such a commitment to "voluntarily" for the pressure of their livelihoods. In fact, they are a kind of coercion of the company. They have no legal force. They can exercise the withdrawal right of cancellation within one year from the date of the termination of self -stress.
What’s the meaning?If a woman’s pregnancy is "resigned", they have the right to request the people’s court or arbitration institution to revoke the "commitment" within one year from the date of "resignation" and return to their jobs again.
2. Can the female employee be pregnant?
cannot!Civil legal acts that violate laws and administrative regulations are invalid, and civil legal acts that violate public order and good customs are invalid.
The "Labor Contract Law" clearly stipulates that when female employees are pregnant, out of delivery, and lactation, employers shall not terminate the labor contract.Even if the labor contract is expired, the labor contract should continue to the end of pregnancy and maternity leave. During this period, wages and welfare subsidies must not be less.
If the company dares to dismiss the female employee who is pregnant, regardless of the arbitration or prosecution, the compensation of paying the female employee 2N cannot run.
Third, hidden marriage during job hunting, is this contract fraud?
no!Women occur when they suffer from gender discrimination in the workplace, so the protection of women in the workplace is all -round.In the process of women’s job search, can hidden marriage, hidden pregnancy, and hidden cultivation. Can employers relieve labor contracts on the grounds of deception?The answer is not!"The employer has the right to understand the basic situation of the direct -related of the workers and the labor contract. The workers should truthfully explain it." Marriage and love are a certain degree of personal privacy, and they are not directly related to the labor contract. Women have no obligation to "truthfully explain"!
Article 2 of the "Notice of the Ministry of Human Resources and Social Security, the Ministry of Education and other nine departments on further regulating recruitment behavior to promote women’s employment" issued by the Ministry of Education "issued on February 21, 2019: Article of various types of employers and human resource service agencies is planning to formulate recruitment plansIn the process of publishing recruitment information and recruiting personnel, gender shall not be limited (except for the scope of labor scope of female employees stipulated in the state) or gender priority.The situation shall not take pregnancy tests as a medical examination items, and shall not be restricted to fertility as the conditions for hiring.
Among them, it is clear that when the employer is prohibited from recruiting female employees, they ask their marriage and childbirth. In other words, if the employer asked the female employee’s marriage and childbirth when recruiting, the female employee concealed or lying is not a "violation of the principle of integrity."Employers shall not terminate the labor contract on the grounds that the female employees’ hidden marriage, hidden pregnancy, and hidden childbirth violations of integrity will be lifted, otherwise it will constitute illegal termination and shall bear the liability for financial compensation.
