After the resignation report was submitted, what should I do if I find that I am pregnant and regret not to leave?

I encountered something tangled after work today.Manager Ren said with a tangled face that the matter was like this: there was a colleague Xiao Wang of the Ministry of Administration, who resigned to the company some time ago. The written resignation report was submitted, and the application form of the departure was also filled in.The approval process that should be left has gone through, and the transfer procedures for the departure are almost done. Seeing that it will be the last day after a week.Early in the morning, I suddenly told their leaders that she was pregnant and didn’t want to resign.

Their leaders are definitely unwilling, leaving a ‘big belly’ will definitely affect work.So I told her that since she had resigned, she couldn’t regret it, otherwise what is the integrity? What’s more, the company has recruited people who replace her. She regrets not resigning. What should I do?

This little king replied to their leadership with words that according to the law, the resignation should be thirty days in advance, and it is not fully full now.Employees cannot be lifted by labor contracts.This is stupid to tell their leaders. After all, their leaders don’t know much about the law, so they found us.

I think that this is easy to deal with. After all, she resigned by herself, but not the company’s dismissal, so it should not be limited by the law for the protection of female employees during pregnancy.However, listening to other people said that some cases were not accurate, so I still want to hear how you think about it? "

I asked him, "What case?"

Manager Ren replied: "There was a case in Hangzhou. After a company negotiated with a female employee to terminate the labor contract, the female employee found that she was pregnant, and she was pregnant during her job. Therefore, the female employee regretted it and askedRestore labor relationship. The company must disagree with it, and the female employee brought the company. As a result, the local court of Hangzhou believes that the employer and the employer will terminate the agreement reached by the labor contract.If you lose fairness, employees can apply for cancellation of this agreement. This female employee does not know that she is pregnant and has a major misunderstanding when the negotiation is lifted, so the final judgment will be resumed to the labor relationship. "

I said, "You are worried, Xiao Wang will also be considered a major misunderstanding, so you can revoke the previous resignation report?"

Manager Ren replied: "Yes, I am really not accurate."

I sorted out my mind and replied: "This question is not complicated. When I participated in the training of Laboroot Laboroot before, Lauda Laboroot’s teacher said.

First of all, the right to resign is the right to form the workers, so as long as Xiao Wang notify the company to terminate the labor contract, then this behavior will take effect.If you have to regret it, you have to be agreed with the company, otherwise you can’t regret it.Therefore, she wants to regret it and not resign, depending on whether the company is willing.Even if she is a female employee during pregnancy, as you say, it is not specially protected by law.

Secondly, resignation is different from negotiation.As mentioned earlier, resignation is a unilateral expression, which takes effect once it is made; and the termination of negotiation, as the name suggests, is determined by negotiation. It is a two -way meaning, which requires the intention of both parties.Therefore, the two must be different in terms of legal effect.

Again, even if negotiated to terminate the labor contract, it is said that the local caliber is not consistent.The jurisprudence of Hangzhou shows the views of the Hangzhou court. They cited the relevant provisions of the Supreme People’s Court on the Explanation of Several Issues in the Application of Laws of Labor Disputes (3).Consultation agreement.However, the Beijing High Court has explicitly stipulated that after negotiating with the employer and the employer to terminate the labor contract, it is generally not supported that if they are required to revoke the agreement or continue to perform the original contract after pregnancy, they will not be supported.It can be seen that in practice, there are also differences in their views on this issue.In the end, I think that the legal problem should not be big, mainly depending on whether they want to continue using this person.In addition, from the perspective of humanized care, consider the worries of employees, try to communicate with Xiao Wang as much as possible, and don’t let Xiao Wang have too much resentment.Employees are grieving the company. Even if the labor contract is lifted, there is no problem, and it will inevitably not start from other perspectives to create trouble for the company."

WeChat public account: Wanma Pentium Talent Library (ID: hefeiwanMabenteng)


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