During the probation period, how can the employees of the trial period be fired when the pregnancy female employee is fired?

Source: Lawyer Network

Guide: On April 16th, Ms. Wang, 28, told her experience in the workplace through Weibo "@导 导", which aroused the attention of netizens.Ms. Wang found that she was pregnant during the probation period. When she informed the actual situation, she waited for the company to be dismissed.So, is the trial period of pregnancy being fired?How can employees be defended by employees?

Ms. Wang was 28 years old and joined a company in Dalian on February 11 this year.She works as a web design in the new company.She learned at the time of employment that the company’s probation period was from 1 to 3 months.In other words, if everything goes well, it can be turned into a formal employee at the latest in May.

On April 13, Ms. Wang found that she was pregnant.She was pregnant with her first child and had been pregnant for 40 days.The new life is coming, and the family is happy.In the unit, Ms. Wang took the initiative to tell the leader that she was pregnant.At the same time, she also proposed whether to pay social security in advance because maternity insurance would be used when giving birth."I told the leader that I could continue to work during maternity leave." Ms. Wang said that she originally thought that the company’s leaders could understand her situation.What she didn’t expect was that after the leader learned that she was pregnant, she stated that she would dismiss her and paid her more than 200 yuan for more than 200 yuan as compensation.

That afternoon, Ms. Wang left the company.She was sad because she was dismissed.She told reporters that when she joined the company, she did not sign a labor contract with the company, and the two sides did not talk about the issue of welfare treatment on fertility after the employment.The work intensity she is responsible for the company is not very strong, although she is pregnant, it will not affect work.Ms. Wang said that after she found that she felt unwilling to go after pregnancy, she wanted to communicate frankly with the leader before turning, but she did not expect that the leader would directly dismiss her.Since then, Ms. Wang has been looking for a job, but because of pregnancy, the progress has not been smooth.

Can the trial -trial pregnancy company dismissed employees?

During the trial period, except for the situation mentioned above, the employer shall not terminate the labor contract by the Labor Contract Law Article 39 and Article 40, Paragraph 1, and Paragraph 2.If the employer is terminated with the labor contract during the probation period, the reasons shall be explained to the workers.

my country’s labor contract law also specifically stipulates:

If the laborer 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, and lactation;

The law has been understood again.During the trial period, the female employee is pregnant, and the employer shall not terminate the labor contract relationship with it. Otherwise, the employee can complain to the labor supervision brigade according to law and require the treatment and correction.

How to protect their rights when the employee is fired during the trial period?

According to Article 9 of the "Interim Provisions on Wage Payment": "When the parties to the labor relationship are terminated or terminated in accordance with the law, the employer shall pay the labor salary at one time when the labor contract shall be terminated or terminated."

In other words, there is no reason for employers to pay the salary of being dismissed or resigned from employees next month, but should be paid once when lift or terminate the labor contract.

Fourth, the trial period does not agree on the trial criteria (hiring conditions), and the employer cannot dismiss employees of the probation period based on subjective imagination or no substantial basis.

According to Article 39 of the Labor Contract Law: "If a worker has one of the following circumstances, the employer may terminate the labor contract: (1) If it is proved to be not met the conditions for hiring during the trial period; …"

According to Article 21: "During the probation period, except for the situation specified in the provisions of Article 39 and Article 40, Article 40, and 2 of the Labor, the employer shall not terminate the labor contract.If the unit is terminated during the trial period, it shall explain the reason to the workers. "

In other words, if employees do not meet the requirements of the hiring period, they can be fired.However, it is not possible to dismiss without reason. Employers must allow workers to clearly "hire conditions". These conditions can be clearly stipulated in the recruitment needs, or they can be notified written in writing during employment.

According to Article 87 of the Labor Contract Law: "If the employer violates the provisions of the provisions of this Law, the labor contract shall be terminated or terminated, and the economic compensation standard shall be paid to the workers in accordance with the economic compensation standards stipulated in Article 47 of the Law.","

The removal of employees will be dismissed without signing a written contract, no evidence to prove that the workers are incompetent or seriously violated the company’s rules and regulations. It is an illegal termination of labor relationships. The employer shall pay compensation in accordance with double standards.

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