wang entry after 3 months of pregnancy, by which a company on the grounds that the probation performance unqualified dismissal. Therefore, wang filed a labor arbitration. Due to the arbitration commission when & other; Both sides continue to perform the labor contract & throughout; The ruling, the company appealed to the court.
March 7 morning, Beijing chaoyang court convicted in court, that remove labor contract illegal, ordered both sides continue to perform the first instance.
homicide 37 that female employees were laid off is often happened during pregnancy. The employer fails to pay social insurance, the party can’t reimbursement prenatal, delivery timely medical treatment, get birth allowance.
for female workers during pregnancy, produce period, lactation, the labor dispute easily, Beijing won a bulletin, heard the hospital from 2015 to 2017, the relevant cases, female worker is mainly concentrated in 30 to 40 years old, and because of birth & other The second child & throughout; Which resulted in increased on Labour for bill quantity proportion for women, female worker win rate more than 85%. DetailPic
for figure/visual China
pregnant staff probation period without performance was quit
wang on February 10, 2017 in some overseas investment consultant company, sign a three-year labor contract, agreed a probation period of 6 months. On April 10, the company delivered to her mailbox a performance contract, within 3 months after our staff rules play with customer to 0, as does not conform to the probation employment conditions, the company has the right to terminate the labor contract.
on May 15, 2017, the company once again issued a circular, induction of 3 months to sign the singular is 0, adjust wang position by the consultant for primary consultant, salary also adjusted accordingly. Eight days later, the company performance is unqualified, and do not conform to the requirements of the job, citing the dismissal, and on the day before 18 when the transfer formalities.
wang, on grounds of pregnancy, salary fails to mention labor arbitration, request the company to continue to perform the contract, retroactive pay 5371 yuan. On August 21, 2017, chaoyang district arbitration commission ruling both sides continue to perform the labor contract, dismissed wang other requests. Because of refuses to accept the arbitration award, the company appealed to the court.
trial, wang thought not to 6 months probation period, so does not recognise the company the assessment results, and submitted in January 2017, the pregnancy check-up super living inspection report. Company said it wasn’t informed about wang pregnancies.
court that company submit evidence can’t proof wang is not in conformity with the recruitment requirements. Company shall, on the premise of fully considering the pregnancy, adjust jobs and content. Company submit more emails, manifest the unilateral told wang pay the duty, not reflect consultation process; And in salary and post to less than a month, the company again to & other; The task is not completed in time as may be assigned throughout the &; , & other Performance throughout unqualified &; , & other Incompliance jobs require & throughout; On the grounds that the decision to terminate the labor relationship.
court ruled that the illegal. In the end, the chaoyang court of first instance ordered companies continue to perform the labor contract signed with Ms. Wang.
& other; For employees of the assessment results, unit of choose and employ persons shall instruct and the service, and provide the opportunity to appeal. Female workers during pregnancy, produce period, lactation, the employing unit shall not terminate the labor contract; Pregnant female worker, such as not qualified for jobs, unit of choose and employ persons can be appropriately adjust the work content and scope. Throughout the &; The presiding judge Yao Lan said.
unit of choose and employ persons did not pay bears insurance
in Beijing a company as a human administration department manager Ms. Han, also dismissed during pregnancy.
Korean women, their signed with the company on May 30, 2011 to June 30, 2014 of the labor contract. On July 26, 2012, the classics by caesarean section and a woman.
on March 5, 2012, the company did not negotiate, do STH without authorization changed its position to administration department director, not state the reason for the adjustment; At the end of march, the company rather than terminate the labor relationship, notice stated & other; Ms Korea due to personal ability is not up to the department manager, the company will adjust position and treatment for executive level, its not obey arrangement, from now on the firing process & throughout; .
Korean woman also said that since May 2012, the company did not pay for its birth insurance, to cause the antenatal examination, medical treatment of childbirth. She apply to the labor arbitration: cancel the company make a decision on the cancellation of labor relationship and continue to perform the labor relationship; Company pay salary, prenatal examination and medical treatment of childbirth.
labor arbitration apply support ms Korea, appealed to court against his company. First-instance judgment continue to perform the labor contract, payment of wages, and the corresponding inspection fee and medical treatment of childbirth. Company and appeal to the won, the court of final appeal is upheld.
Beijing won the judge noted that some unit of choose and employ persons not full specified amount pay social insurance for the worker in accordance with the law, the female worker not be reimbursement prenatal, delivery timely medical treatment, get birth allowance, lead to disputes.
in the judicial practice, also often remove after labor concerns, only to find that female worker is pregnant.
ms van on July 30, 2013 in a logistics company, work in the information input, both parties have to sign labor contract for three years.
on October 15, 2015, logistics company served as the notice of terminate the labor contract to her, and set forth the & other; Due to the adjustment, business employees didn’t agree to transfer department, terminate the labor relationship & throughout; . After half a month, van ms diagnosed as 9 weeks of pregnancy was rejected demands continue to perform the labor contract.
logistics companies claim, terminate the labor relationship does not know when their pregnancy, ms van was also not shown. After the court believes that ms van has been pregnant before working relationship removes, continue to perform the labor contract.
during pregnancy is not & other; Universal umbrella & throughout;
the lawful rights and interests legal protection of female workers during pregnancy, but is not the master umbrella that female worker pregnancy. & other; Legal protection also has a boundary, legally in both sides talks things over consistent, or unit of choose and employ persons remove labor relations situation, cannot be based on the fact that pregnancy to continue to perform the labor contract or pay the illegal damages on the cancellation of labor relationship. Throughout the &; Haidian district court judge.
wang on February 20, 2013 in a technology company as a researcher, the two sides signed a three-year labor contract. Company handbook indicate: leave formalities without and leave without approval, as absenteeism; Continuous absenteeism absenteeism more than five days or one month more than five working days, as a serious disciplinary violations, the company shall have the right to terminate the labor contract, do not pay any economic compensation.
on August 3, 2015, the company citing wang without reason absenteeism, in violation of the rules and regulations, rather than terminate the labor relationship. Three days later, wang was diagnosed 8 weeks of pregnancy, she suggests that was pregnant to the company, continue to perform the labor contract was rejected.
after the court believed that wang absenteeism more than five working days, the company terminate the labor contract in accordance with the regulations, comply with the law, therefore, rejected the claims.
unlike wang, Ms. Lin is in consistent with the company to negotiate remove after labor concerns, found that pregnancy.
she on November 3, 2015 in a technology company as a receptionist, the two sides sign a one-year deadline labor contract. On May 6, 2016, terminate the labor relationship, the company a one-time atonement for Ms. Lin 105000 yuan. Three days after Ms. Lin diagnosed pregnant 7 weeks, send an email to the company for, hope to continue to perform the labor contract was rejected.
in the process of the trial, Ms. Lin, sign the agreement, negotiations terminate the labor relationship when did not know was pregnant, if their information is not sign, this belongs to the big misunderstanding, should be revoked.
after the court believed that ling both sides talks things over consistent, voluntary agreement sign, no display content and injustice, as a complete civil capacity, Ms. Lin is supposed to know and shall bear the signature of the legal consequences, to dismiss the lawsuit.
in such cases, Beijing won the judge said that even if China’s laws and regulations of special labor protection of female workers in pregnancy and treatment, also should obey the rules of the company, employees leave formalities in time and keep the evidence, avoid letting themselves at a disadvantage.
women’s case in
Beijing won the statistics, from 2015 to 2017, the hospital total trial of unit of choose and employ persons and & other; The third phase of & throughout; (pregnancy, produce period, lactation) female worker to terminate the labor relationship between 59 a bill. Which assumes the growth from 2015 to 2016, 2017 to be markedly reduced.
look from female worker involved age, women cases increased. Female worker is mainly concentrated in 30 to 40 years old, and because of birth & other The second child & throughout; Which resulted in increased proportion on the number of labor dispute cases for women.
the female worker is involved in the industry, mainly for the office clerical work of the guide or financial, marketing, etc. The third industry. From the nature of unit of choose and employ persons involved mainly in small and medium-sized private enterprises.
the results from the case the referee, female worker win rate more than 85%. 59 cases, female worker lost case only 7 pieces, two pieces of dissolved in advance to terminate labor contract by unit of choose and employ persons, five pieces by unit of choose and employ persons according to the labor contract law regulations remove labor contract.
from the dispute occurred, most occurred in pregnancy. Court found that the controversy, especially in the early stages of pregnancy, but the vast majority of female worker filed labor arbitration time on maternity leave or after the expiration of the female reproductive cycle is long, slow recovery, raising new life into energy.
& other; Crime reason is a female worker is pregnant with a long cycle, the production, lactation, input energy, unit of choose and employ persons the right protection of female workers ignored to reduce cost; Secondly, the female worker & lsquo; & rsquo; The third phase of & throughout; During the long, high incidence of disputes. Throughout the &; The judge is introduced, mainly divided into four types.
it is unit of choose and employ persons removes without reason. With Labour rights consciousness enhancement and the increased cost of unit of choose and employ persons is illegal, only 1 cases are heard, it nearly three years.
2 is dissolved in advance to unit of choose and employ persons labor contract termination. In such cases, though a small number, but 29% of the female worker lost case. The reason is that the labor contract law of the employing unit shall not and & other; The third phase of & throughout; Female worker to terminate the labor contract legal situation, does not contain a unit of choose and employ persons dissolved in advance.
three is in labor contract & other; The third phase of & throughout; The expiry of the period, unit of choose and employ persons not extended & other lawfully; The third phase of & throughout; Expires. Trial practice, unit of choose and employ persons does not know some relevant law, after labor contract terminate itself. Such cases accounted for about 30%, in the cases of female worker win rate 100%.
in addition, unit of choose and employ persons according to the labor contract law of the circumstances specified in article 39 of remove labor contract. Mainly by workers & other; A serious violation of rules and regulations of unit of choose and employ persons & throughout; For the reasons, such as the workers did not ask for leave, and other common Absenteeism reaches a certain number of days & throughout; And so on. In such cases, female worker win probability is higher, only 5 cases in nearly three years of unit of choose and employ persons.