(Original title: Women employees were fired during pregnancy during the trial period, and the Human Resources and Social Affairs Bureau spoke: illegal, report quickly)
According to the Voice of China, news that a expectant mother in Dalian was fired by the company during the trial period, which recently caused heated discussions on the Internet.According to media reports, Ms. Wang entered a company in Dalian in February this year. The probation period was three months.But just last week, Ms. Wang found that she was pregnant, and she took the initiative to tell the company’s leaders that she was pregnant, hoping to have a frank communication.Unexpectedly, the company actually dismissed her after learning about the situation.
Many women may have encountered similar problems when applying. "Whether you are pregnant" and "Is there a pregnancy plan recently" have become one of the conditions for recruiting companies.So, what extent is this approach as illegal?How should women safeguard their rights?
Report to the leader for pregnancy, compensate 200 yuan to fired directly
Ms. Dalian Wang reported on the Internet that she joined a company in Dalian on February 11 this year as a web design work.She learned that the company’s probation period was 1 to 3 months.In other words, if everything goes well, the company should sign a labor contract with her at the latest in May.On April 13, Ms. Wang found that she was pregnant and had been inspected for 40 days.After working on Monday, April 15th, Ms. Wang took the initiative to report to the leader about her pregnancy. She hoped that the company would pay her social security in advance, and childbirth needs to use maternity insurance.
Ms. Wang told the Voice of China reporter: "During the probation period, I did not pay me five insurances and one fund, nor did I sign any contract, including the probation period or labor contract.I am pregnant, 40 days pregnant. Because it is weekend, and the first day of work, I told the leader about this. "
However, after learning that Ms. Wang was pregnant, the company’s leaders said that she would dismiss her and said that she gave her two more wages and a total of 200 yuan as compensation.That afternoon, Ms. Wang left the company.Ms. Wang said that when she joined the job, the company did not sign a labor contract with her. After discovering that she was pregnant, she wanted to communicate frankly with the leader before turning right, but did not expect that the leader would directly dismiss her.
Ms. Wang said: "Because I did go to the short time. Then I said at the time to see what the company’s attitude towards this matter was. I said that I did not wait for the trial period and after signing the labor contract, I will tell you againThis is the matter. Maybe I don’t want you to think that I am deceiving your insurance, or how, or to come to your company to have children with a plan. As a result, the company said that I couldn’t use me. "
Ms. Wang said that she reported to the company that she had prepared psychological preparations that might be dismissed when she was pregnant, but is it reasonable whether an enterprise does not sign a labor contract during the probation period and whether the employee’s dismissal during pregnancy is reasonable?In this regard, Liaoning Hongzhan Law Firm Lawyer Liu Wanxin said that the company’s approach was suspected of illegal.
Liu Wanxin: "The probation period should also sign a labor contract. When the labor relationship was established, the workers were also in a relatively weak position. ThereforeAs much as possible to save some relevant evidence prove that there is such a labor relationship between yourself and the company. If you have certain evidence in your hand, you may be helpful in the future.The workers themselves do not exist, such as serious violations of labor discipline, or that they cannot be competent, and they still cannot be competent after adjustment of jobs. There is no such situation. Therefore, I think that the company’s termination of labor contracts violate the law. "
Human Resources and Social Affairs Bureau: serious illegal law, it is recommended to report complaints and reports
It is understood that Ms. Wang did not disclose the name of the company and did not complain to the relevant government departments.Many netizens expressed sympathy for Ms. Wang’s encounter.
Some netizens said: "Many companies now do not sign a labor contract during the probation period itself is illegal, and pregnant women are also dismissed. Such companies should be governed to give female compatriots legitimate rights and interests."
However, some netizens said that they must also understand the company’s decision. After all, it is not easy for business companies. If Ms. Wang stays in the company, it may increase the employment cost of the enterprise.
"This matter can not be condemned blindly. Some girls deliberately concealed the situation of pregnancy, and even deceived the company when they joined the company. After entering the job, they will be pregnant and then rest in mastory leave.It’s not high. A female employee has been pregnant to keep the company keep paying you to support you, and you have to find another person to replace you. "
At the same time, some netizens even questioned that Ms. Wang was using pregnancy as a "benefit of fishing company."In this regard, Ms. Wang was aggrieved, saying that if she wanted to deceive the benefits, she could also choose to tell the company that she was pregnant after signing the labor contract.
In response to the situation reported by Ms. Wang, Ja Dandan, the Labor Relations Office of the Dalian Human Resources and Social Security Bureau, said that the Labor Contract Law stipulates that employers and workers have established labor relations and have no written labor contract at the same time.Establish a written labor contract within one month from the day.If the employer and the worker agreed to the probation period, the probation period is included within the time limit of the labor contract.At the same time, employers should pay social insurance premiums for workers in accordance with the law.During pregnancy, the employees shall not terminate the labor contract.
Jia Dandan: "During the probation period, Ms. Wang did not sign a labor contract with her, and did not pay social insurance for Ms. Wang. This was illegal., Even more violate the relevant provisions of the Labor Contract Law. In view of the above -mentioned violations, we recommend that Ms. Wang immediately went to the labor security supervision department where the unit was located to report complaints and safeguarded their legitimate rights and interests through legal means. Our labor security supervision departmentThe case will be accepted for the first time the complaint report, the green channel is opened, the settlement is quickly settled, the illegal acts of the employer will be investigated and dealt with in a timely manner, and the legitimate rights and interests of the workers will be effectively protected. "