A woman with a hidden pregnancy was dismissed, do you have any pregnant girls around you who were di

There is indeed such an example around me.

I have a friend who teaches at a private school in Guangzhou, and once while we were chatting, I suddenly heard her mention that there might be a shortage of teachers in their school next year. My curiosity came up and I asked her, "Why?" ”

Because there are many female teachers in our school who are pregnant this semester, they will stop teaching after this semester. ”

Then you can come back and continue teaching after giving birth, why not?

A friend told me: "The school only has five months of teaching time in a semester, if it is a maternity leave, the semester will be almost over, the school is very difficult to arrange, and the most important thing is that you have to calculate your salary every month during the maternity leave, which is a big loss!" Generally, female teachers will resign voluntarily.

I was a little puzzled and asked, "It's not right for the school to be like this, and those female teachers can not leave!" ”

The friend said helplessly: "You can not leave, and the school does not explicitly require you to resign, this is to see if you can be a person." If you don't leave, when you come back, your seat will be occupied by others, and you will become nothing, and even the school will specially arrange for you to do some hard work, love to do it or not, and then you are like this in this school, there will never be room for development, and in the end you are not the same to go, it is better for everyone to be decent, everyone is good!

After listening to my friend's words, I couldn't organize a verbal response for a long time, so I had to give up.

Although it has been said that in the past few days, there has been a sudden revelation of a woman who was dismissed for "hidden pregnancy", but I think these two things are fundamentally different and completely different.

I don't believe that she doesn't know that she is pregnant, or that she doesn't know what kind of rules the company she has entered, but I am more inclined to think that the woman is designed to hide the fact that she is pregnant in order to get this good job. If this is the case, then it is reasonable that the company's decision to dismiss the woman is not so vicious, but a matter of course.

Because after all, it was the woman who concealed it first, and the conspiracy of the bad guys could not let her succeed!

And this one thing that my friend said is a complete violation and rejection of women's rights. Although there is nothing inherently wrong with a company that should put its interests first. But if you pursue the interests of the company too much and give up the interests of employees, you have become an unkind and cold money-making machine.

In such an enterprise, not only will you never get the sense of belonging of your employees, but no one will really create benefits for you.

Employees who have concealed their pregnancy cannot be dismissed if they are discovered by the company. Because pregnancy is the personal privacy of employees, it is the basic right of female hunger and rock employees, and employees do not need to tell the company that they are pregnant.

Although the employer has the right to know the basic information of the employee directly related to the employment contract, pregnancy is not the basic information of the employee that the company needs to know when signing the employment contract with the employee;

Therefore, concealing pregnancy is not an act of providing false information or concealment, and the company cannot use this as an excuse to dismiss the employee.

Legal basis] Article 8 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information required by the employee;

The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

The following is how to deal with a female employee who conceals her pregnancy and joins the company:

1. First of all, it can be coordinated to see if it can be arranged in some relatively easy logistics positions in Zhonglingji, which can not only ensure the work rights of employees, but also make full use of the relevant positions of Wang Min in the company.

2. Secondly, if the boss insists on dismissal, it is necessary to coordinate with the employee to see if he can persuade him to leave voluntarily. Concealing the fact of pregnancy is still deceptive to the company, and if you want to continue to work in the company, the leader will also have doubts about its integrity, which will have an adverse impact on the development of work and future development.

3. If the employee does not agree to the transfer, but is unwilling to leave by himself, and the boss insists on dismissal, then the only choice is compensation.

How can companies prevent female employees from concealing their pregnancies in advance?

1. Inform in advance: The company should take appropriate measures to inform the female applicant of the nature of the position during the interview, and inform the female applicant in advance that if the female applicant conceals the fact that she is pregnant before entering the company, the company can terminate the labor contract in accordance with the law after joining the company and does not need to pay economic compensation.

2. Arrange a physical examination: Before the employee joins the company, the company can arrange a physical examination to check whether there is any concealment of pregnancy.

3. Maternity insurance to avoid the risk of maternity leave for women: According to the provisions of the Special Provisions on Labor Protection of Female Employees: if they have participated in maternity insurance, the maternity allowance during the maternity leave of female employees shall be paid by the maternity insurance sales; If the employee does not participate in maternity insurance, the employer shall pay the female employee according to the standard of her salary before maternity leave.

In this way, the burden on the employer will be greatly reduced.

Article 26 of the Labor Contract Law stipulates that if the other party concludes or modifies an employment contract contrary to its true intentions by means of fraud, coercion or taking advantage of the danger of others, the employment contract shall be invalid or partially invalid, but not all acts of providing false information or concealing are fraud.

Article 8 of the Labor Contract Law stipulates that "the employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall be reconciled and truthfully explained." What is emphasized here is that the employee needs to truthfully explain the "basic information directly related to the employment contract." "If the information concealed by the employee is the basic condition directly related to the employment contract, such as the employee's false declaration of academic qualifications or work experience, and other information closely related to the position, the employment contract can be regarded as an employment contract signed by the employee by fraudulent means and shall be invalid from the beginning.

However, the pregnancy of a female employee is her personal privacy and is a basic right granted to women by law, and whether she is pregnant or not is not a basic condition directly related to the performance of the labor contract, so it is obviously illegal for the employer to dismiss the employee on the grounds that the employee concealed the fact of pregnancy when she joined the company.

Is it true that the employer cannot terminate the employment relationship with the pregnant employee under any circumstances, and the employer needs to pay economic compensation once the employee is terminated? The answer is clearly no.

1. Relevant legal provisions.

According to Article 39 of the Labor Contract Law, an employer may terminate a labor contract under the following six circumstances and is not required to pay severance to the employee.

During the probationary period, it is proved that they do not meet the employment requirements.

Serious violation of the rules and regulations of the employer.

Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer.

The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request.

The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request.

Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions, resulting in the invalidity of the labor contract.

Those who have been pursued for criminal responsibility in accordance with law.

This provision is aimed at all employees, regardless of whether they are male or female, and whether they are pregnant or not, as long as the employee commits any of the above six articles, and the enterprise has sufficient evidence to prove it, the employee can also be dismissed without compensation.