Can the company dismiss pregnant women, do they want to compensate for economic compensation?

Pregnancy and having children are an important stage of many women’s lives.After pregnant with the little baby, he was full of joy waiting for the birth of the little life, but encountered the company’s dismissal. The social security provident fund stopped paying. What should the expectant mother do?(Small programs have been added here, please go to today’s headline client to view)

Although the laws of the country now maintain the status of women in great land, there will still be some companies that have unfairness to women.State regulations of pregnant women cannot be fired, and the dismissal requires the company to give corresponding compensation.

Ms. Li joined a property company, and the two sides signed a three -year labor contract.

On the day of the end of the probation period, the company was sent to Ms. Li for many days to leave early, she did not check -in, did not check in, and went to work for many consecutive days. She gave Ms. Li the "Notice of Labor Contract" to Ms. Li.

Ms. Li believes that the company discovered that she was pregnant, and the behavior that she had deliberately fabricated the notice reminded it, so she applied for the arbitration to the Labor Arbitration Commission, asking the company to pay the illegal liberation of the labor contract compensation.

The Labor Arbitration Commission tried that the recording evidence provided by Ms. Li can prove that the company’s relevant supervisors have negotiated with Ms. Li to terminate the labor contract. The reason for lifting the reason for Ms. Li will not meet the company’s interests during the trial period.The trial period is at full and took the initiative to resign.

But the two sides did not reach an agreement in the end.The reasons stated by the company’s termination of labor contracts lack the factual basis and system basis, so it is illegal termination, and the company finally decides that the company pays compensation.

Because the company did not pay social insurance for Ms. Li during the job.Ms. Li gave birth to a child.Therefore, maternity insurance benefits cannot be enjoyed, so Ms. Li sued the court again, asking the company to pay her maternity medical expenses.However, the court did not support Ms. Li in the end.

This case is a actual case. The plot has been different and has been added and deleted, and it is for legal discussion.

The state’s law stipulates that female employees cannot be fired during pregnancy and lactation.Women’s employees who cannot adapt to the original labor during pregnancy shall reduce the amount of labor or arrange other labor that can adapt according to the certification of the medical institution.

Article 5 of the "Special Provisions for Women’s Workers’ Labor Protection" Article 5 shall not reduce their wages due to pregnancy, fertility, breastfeeding, dismissal, dismissal, or hire contracts due to female employees.

However, in reality, there are still incidents of women’s dismissal during pregnancy, and these actions of employers are illegal.

Under what circumstances can pregnant women be fired by the company?

According to Article 39 of the Labor Contract Law of the People’s Republic of China, one of the following situations, 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 seriously violate the employer;

(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, which seriously affects the work tasks of the unit, or if it is proposed by the use of people, it refuses 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 for being investigated in accordance with the law.

According to Article 36 of the Labor Contract Law: "If the employment company negotiates with the employees, the labor contract can be terminated." According to the compensation of the agreement between the two parties, it can be higher or lower than legal compensation, or even negotiate to reach other other to reach other other compensation.Conditional replenishment compensation.

Therefore, in the above cases, the company illegally lifted the labor contract with female employees. Therefore, female employees have the right to choose to ask the company to continue to perform the labor contract and have the right to choose to pay compensation for the company.

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