Female employees must watch: take this leave during pregnancy before being protected by law

■ Picture.Source: Heilo Creative

Ms. Wang is an administrative staff of a company. She has just been promoted to the executive director at the beginning of the year. Ms. Wang cherishes this opportunity.One month later, she found that she was pregnant shortly after her wedding. In this regard, the whole family was very happy. She was full of expectations for the upcoming little life, but when she thought of work, Ms. Wang couldn’t help but start to worry about it.Supervisor position.So Ms. Wang chose the truth about the company’s concealment of her pregnancy.

Since then, Ms. Wang has often asked personnel supervisors to take leave by verbal or WeChat through physical discomfort. The personnel supervisor clearly informed her that she needs to perform certain procedures in accordance with the relevant provisions of the company’s "Employee Handbook", otherwise it will be considered as absentee.

But Ms. Wang didn’t take it for this.

On March 3, 2016, Ms. Wang sent a WeChat to the personnel supervisor early in the morning, informing herself that she was weak because of dizziness and needed to rest at home for a day. The supervisor did not reply to WeChat.At around 10 am, Ms. Wang received an email sent by the company, stating that because her accumulated absenteeism had been absent for more than three days, the company will now lift the labor relationship with her in accordance with the provisions of the "Employee Manual".

After receiving the email, Ms. Wang realized the seriousness of the matter, but she remembered that for female employees during pregnancy, the law stipulated that the law could not terminate the labor relationship.So she hurriedly handed her own pregnancy certification and other materials to the company, indicating that she was in a special period and asked the company to restore the labor relationship with her.But the company refused to restore the labor relationship with Ms. Wang.

Ms. Wang could only ask the Labor Arbitration Commission to request the restoration of labor relations. The later Arbitration Commission made a ruling of not supporting Ms. Wang’s request.Ms. Wang filed a lawsuit with the People’s Court of Hongkou District.

The company argued in the trial:

From February to March 2016, Ms. Wang has not fulfilled the leave procedures in accordance with the provisions of the "Employee Handbook", and did not make a certificate of illness leave afterwards. According to the "Employee Manual", it should be considered as absenteeism and accumulated absenteeism.Companies with more than three days have the right to terminate the labor relationship.The "Employee Manual" Ms. Wang signed it when she joined the job, and she knew the content.Therefore, the company’s termination behavior is legal.

The court thought after hearing:

While protecting the legitimate rights and interests of the workers, it also protects the independent management power of the employer. When the workers have serious violations of the rules and regulations of the unit, the unit can exercise the right to unilaterally lift.

In this case, although Ms. Wang is pregnant, she should still abide by the company’s rules and regulations. Even if she cannot work properly due to pregnancy, she should still perform normal leave procedures in accordance with regulations.The current Ms. Wang did not perform the leave procedures in accordance with the regulations. Obviously, it violated the provisions of the "Employee Manual". The company determined that Ms. Wang complied with the regulations in accordance with the requirements of absenteeism.Therefore, the judgment will not be supported by Ms. Wang’s claims.

Many people have misunderstandings about the special protection of the "three -phase" female employee’s laws, and believe that the employer cannot lift the labor relationship anyway.

In fact, in accordance with Article 39 of the Labor Contract Law, if the workers seriously violate the company’s rules and regulations, seriously negligible their duties, private fraud, and cause major damage to employers, etc., the employer can still lift the labor relationship with it.Essence

Therefore, we should remind female employees in a special period that the law has corresponding protection for the "third phase" female employees. In these special periods, female employees do not have to conceal them deliberately. Instead, they shouldThe employer provides the corresponding hospital certification and performs the corresponding leave procedures. Do not lose the right to enjoy special protection because of your improper behavior.

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