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Hello, say you're pregnant. You can't be hired. You can apply for maternity leave. You can keep your position, but when you start working, you should be reassigned. You don't necessarily get past the previous group.
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Of course, you can join the company if you are pregnant, but most companies will not hire pregnant women. Because the costs and risks will increase next. If you are employed, you are not allowed to dismiss a pregnant woman according to the regulations.
If you can still work after pregnancy, and you can also do the work of the original position, you can stay in the original position. However, if the original position is not suitable or incompetent, the company can transfer the position. If you think that you are not suitable for your original position, you can also apply for transfer or resignation.
After maternity leave, it is possible to return to the position, and it is normal if the company arranges a new position.
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You can join the company, but generally large companies don't want it, because you have to take maternity leave for a few months after you join the company, and HR has to find someone to replace your position, which will not be retained, so it is very difficult to find a job when you are pregnant.
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If you have just applied for a job through the regular process, you cannot refuse to join the company because you are pregnant. If the employee is already in service, the employer shall not dismiss the employee due to pregnancy.
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If you are pregnant, the company will not accept it, because there will be maternity leave later.
The company will worry that you will have to take maternity leave again after you have just been trained, and you may not be able to go to work after your maternity leave.
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Yes, find a more relaxed job. A woman has three months of maternity leave when she gives birth to a child. It's just that some companies are reluctant to hire pregnant women.
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Generally, when you are pregnant, few companies will accept it, and it is better not to work if you are pregnant.
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It's okay, don't go to the hospital.
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Pregnancy of a female employee is her personal privacy, which is the basic right granted by law to Bichai women, and whether she is pregnant or not is not a basic condition directly related to the performance of the labor contract, so it is illegal for the employer to dismiss an employee on the grounds that she is pregnant when she joins the company.
1. What is the maternity leave time for female employees in Qilin District, Qujing City?
The maternity leave time for female employees in Qilin District, Qujing City is 98 days.
The maternity leave for the woman is 98 days, with an additional 60 days for a maximum of 158 days. 1. Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth. 2. In the case of dystocia, the maternity leave will be increased by 15 days.
3. If multiple births are born, the maternity leave shall be increased by 15 days for each additional child. 4. If the pregnancy is less than four months old, the abortion shall be entitled to 15 days of maternity leave. 5. 42 days of maternity leave for miscarriage within four months of pregnancy.
2. The company dismisses the employee without knowing that the employee is pregnant.
If the company dismisses a pregnant female employee without knowing it, it can be dealt with as follows: 1. The company should resume the labor relationship with the employee; 2. Renew the labor contract until the end of the lactation period; 3. If you accept the compensation, you need to return it to the company. After a female employee is dismissed by the company, she can choose whether to ask the company to continue to perform the labor contract or pay compensation as required, which is not restricted.
3. It is not illegal to conceal pregnancy when entering the company.
Concealment of pregnancy upon employment is not a violation of the Labor Contract Law, and the employer shall not terminate the employment contract with the employee on this basis. According to Article 8 of the Labor Contract Law, 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. Although this article stipulates that the employee shall truthfully explain the basic information, it only targets the basic information directly related to the labor contract, such as age, work experience, educational background, etc., and whether the employee is pregnant or not is her personal privacy, and pregnancy is a basic right enjoyed by female citizens, and it is a basic human right, and the employer shall not use this as the basis for terminating the labor contract.
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Legal analysis: Pregnancy of female employees is their personal privacy and the basic rights granted to women by law, and whether they are pregnant or not is not a basic condition directly related to the performance of the labor contract, so it is illegal for the employer to dismiss an employee on the grounds that the employee is pregnant when she joins the company.
Legal basis: Labor Contract Law of the People's Republic of China
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Article 42 An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being a patient with an occupational disease during the period of diagnosis or medical observation;
2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;
3) Illness or non-work-related injury, within the prescribed medical treatment period;
4) Female employees are pregnant, giving birth, or breastfeeding;
5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;
6) Other circumstances provided for by laws and administrative regulations.
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Legal analysis: Pregnancy of female employees is their personal privacy and the basic rights granted to women by law, and whether or not pregnancy is not a basic condition directly related to the performance of the labor contract, so it is illegal for the employer to dismiss an employee on the grounds that the employee is pregnant when she joins the company.
Legal basis: Labor Contract Law of the People's Republic of China
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Article 42 An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being a patient with an occupational disease during the period of diagnosis or medical observation;
2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;
3) Illness or non-work-related injury, within the prescribed medical treatment period;
4) Female employees are pregnant, giving birth, or breastfeeding;
5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;
6) Other circumstances provided for by laws and administrative regulations.
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