Dalian follows the news that mom is pregnant to be dismissed by the company in probation, heat was caused to discuss in the network recently.
According to media coverage, ms. Wang was applied for in Feburary this year enter Dalian a company, probation 3 months, do not give accident next month to be able to become a full member. Can be in last week, ms. Wang discovers she was pregnant, she imparts the information that she is pregnant actively to company leader, hope can once straight-out communication. Can not think of, the company dismissed directly unexpectedly after be informed a circumstance she.
A lot of females had encountered similar problem possibly when apply for, "Whether be pregnant " , " the near future is pregnant plan " one of requirements that make company of invite applications for a job pick a person. So, to what degree does this kind of practice count break the law? How should the female uphold her right again?
Incident reviewing
Dalian king lady says in the report on the net, she arrived into duty Feburary 11 this year Dalian a company, hold the position of the job that the webpage designs. She is informed when entering office, the probation of the company is 1 to 3 months. That is to say, if everything is successful, should be in the latest May, the company can sign labor contract with her.
April 13, ms. Wang discovers she was pregnant, be pregnant to already had 40 days via the examination. After Zhou Yi went to work April 15, the circumstance that Ms. Wang reports to the leader she is pregnant actively, hope company gives her pay social security ahead of schedule, unripe child needs to use birth insurance.
Ms. Wang: "My pay did not give 5 a place difficult of access during probation one gold, also did not sign to me any contract, include probation contract to perhaps work contract. April 13 when I am pregnant with respect to fish, be pregnant 40 days. Because be on the weekend, the 1st day when go to work next, I said this thing with the leader. I said this thing with the leader..
However, after company leader is informed Ms. Wang to be pregnant, express to want to dismiss she, and express, give the salary that she opens two days more, in all 200 multivariate as compensation. That day afternoon, ms. Wang left a company.
Ms. Wang expresses, when entering office, the company did not sign labor contract with her, after him discovery is pregnant, want to follow a leader to undertake straight-out communication before become a full member, but did not think of the leader can dismiss directly she.
Ms. Wang: "The time that because I am really,goes is shorter, what I say at that time is to see a company what be to the manner of this thing. I am done not have when after probation, after signing labor contract, I tell you this thing again. I am not to hope you can feel I am the insurance that cheating you, or calculated will to you give birth to the child, result company says that he cannot use me. Result company says that he cannot use me..
Lawyer: This kind of company practice is suspected of breaking the law
Ms. Wang says, when to the company him report is pregnant, oneself already had made the psychological preparation that is dismissed possibly, but the enterprise does not sign labor contract this kind in probation, whether is the practice that dismisses pregnancy worker again sound?
To this, liaoning grand exhibit attorney office Liu Moxin's lawyer to express, this kind of company practice is suspected of breaking the law.
Liu Moxin: "Probation also is to ought to sign labor contract, laborer is built in this working relationship when, also be the position that is in a relatively weak force, if be the word that does not sign labor contract,say so, can arrive labor is censorial go complaining, in the meantime, save a few relevant evidence to prove to this kind of labor exists to concern between oneself and enterprise more as far as possible. Certain evidence masters in the hand, that may be right oneself dimension authority will have a few helps henceforth. Be aimed at the circumstance of this law case, laborer itself is nonexistent disobey work discipline badly for example, perhaps say insufficient job, post of course attune full employment is insufficient still, nonexistent this kind of case. So I think, the enterprise removes labor contract is lawbreaking regulation. The enterprise removes labor contract is lawbreaking regulation..
As we have learned, ms. Wang did not disclose the name that is in a company, also do not have to the government relevant section is complained. To the experience of Ms. Wang, some netizens express to sympathize with:
Nevertheless, also the netizen expresses, also want to understand the decision of the company, it is not easy also to run a company after all, if continue to let Ms. Wang stay in the company, may raise the cost of choose and employ persons of the enterprise:
In the meantime, individual netizen is oppugned even, ms. Wang is being used be pregnant the identity " gain company profit " .
To this, ms. Wang feels grievance, if consider diddle benefit,say, oneself can choose to tell a company after signing labor contract he is pregnant again.
Person company bureau: Break the law badly, suggest to inform against
Be aimed at the condition that Ms. Wang reflects, resource of Dalian city labor power and relationship of working of social security bureau are in Gu Dan red to express, " labor contract law " regulation, unit of choose and employ persons and laborer already established working relationship, did not conclude at the same time of written labor contract, ought to conclude inside a month since the day that for private use is versed in written labor contract. Be like unit of choose and employ persons and laborer agreement probation, probation is included inside labor contract deadline. In the meantime, unit of choose and employ persons should be insurance premium of worker pay society lawfully. Female worker is between pregnancy, unit of choose and employ persons must not remove labor contract.
Gu Dan red: "Ms. Wang is inside probation, its are in an unit to did not sign labor contract with its, not was society of Ms. Wang pay to be sure, this itself attributes illegal action. The unit is told in Ms. Wang after its are pregnant, unit without reason dismisses his, disobey more badly " labor contract law " relevant provision. In view of afore-mentioned illegal case, lady of our proposal king ensures censorial branch to unit seat labor instantly, undertake complaining informing against, adopt legal measure, safeguard oneself legitimate rights and interests. Our labor ensures censorial branch to meet accept this to complain for a short while inform against a case, open green channel, establish fast tie quickly, investigate the illegal action of unit of choose and employ persons in time, the legitimate rights and interests of cogent safeguard laborer. The legitimate rights and interests of cogent safeguard laborer..
