First of all, we must clarify a question: Can the unit relieve the labor relationship during the third phase of the female employee?
The third phase refers to pregnancy, birth and lactation.
According to Article 42 of the Labor Contract Law: If the worker has one of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 40 and 41 of this Law: (4) Female employees.During pregnancy, birth, lactation.Article 45 stipulates that if the labor contract period expires, if there is one of the cases of Article 42 of this law, the labor contract shall continue to be terminated when the corresponding situation disappears.
In other words, the unit cannot lift the labor relationship within the third phase of the female employee. Even if the labor contract expires during the third phase, it must be postponed to the end of the third phase.However, if you are pregnant during the probation period, the reason for the "trial period cannot be righteous" and issue relevant assessment results to prove that it can still be legally terminated.
Therefore, during the probation period, everyone should be honest and honest.
Suppose you are pregnant, what should I do when I encounter some problems?
1. After pregnancy, the company notified me not to go to work. I am willing to give me economic compensation. Am I going to leave?
We said earlier that the unit shall not terminate the labor contract during the third phase of the female employee. At this time, please ask for labor arbitration.
So, what is the purpose of asking for labor arbitration to intervene?Remember these words: "Request to restore labor relationships."
Why not leave money?
With money away, how much will the company pay you?
With this style of unable to accommodate a company, you are willing to pay for one month’s salary.If the court supports your claim to restore the labor relationship, it means that the company cannot drive you away. In addition to continuing to pay you salary to support you, you also need to pay "loss during the restoration of labor relationships".
Loss during the restoration of labor relationship = monthly salary*arbitration litigation month
2. The company leader knows that after I was pregnant, I gave me small shoes and forced me to go. What should I do?
"Putting on small shoes" is a very popular concept, which can be exerted a lot.
I don’t show you a good look, criticize you every day, and cause you to cause MAX shadow area. This is also "wearing small shoes."But this is a relatively low -level approach, and it cannot cause actual harm to pregnant women with great heart.
What is the high -end elegant "small shoes"?There must be no way to dismiss the third phase. When you come back after you have a child, I will evaluate you once a week. You can’t reach the level of the assessment results. I will train you and continue to evaluate you to send you a notice of performance improvement.You still can’t reach the passage level, I’m sorry, then I have to adjust your post, don’t accept it?
Then we had to stab.
The girls can see it. In fact, it is also very difficult to wear small shoes. It is necessary to wear small shoes for others to be established on the premise that the company’s performance system must be established, otherwise they will die if they are not careful.
Therefore, everyone must adjust the mentality and not to put gas with the villain. At the same time, we must do their job well and not leave others.Be sure to do your job well.
3. The company is willing to ask me to ask for a long time at home, but is it reasonable to pay the cost of social medical insurance every month?
Unreasonable, you go to apply for labor arbitration and win.
As long as there is still a labor relationship between the unit and the individual, you must pay social medical insurance for employees in accordance with the law.
4. Take a leave to do a checkup. If the company does not approve it, what should I remember? What should I do?
Article 6 of the "Special Regulations for Women’s Workers’ Labor Protection" stipulates that pre -delivery inspections of pregnant female employees will be included in the labor time during labor time.It cannot be counted as absenteeism. Moreover, the company is not very rational to deal with the company.