What to do if you are pregnant and are fired from the company, what to do if you are pregnant and ar

You can apply for labor arbitration or file a lawsuit directly.

The company is suspected of violating the Labor Contract Law.

According to the Labor Contract Law of the People's Republic of China:

Article 42 An employer shall not terminate a labor contract.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is under diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (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.

According to the provisions of the labor law, employees cannot be dismissed during pregnancy, and the company is obviously illegal to do so, you can collect relevant evidence to the labor arbitration or labor bureau and other relevant departments to sue the company to protect your legitimate rights and interests.

Employees cannot be dismissed during pregnancy. Gather evidence and go to the sue.

Female employees cannot be dismissed by the company while they are pregnant. Go directly to labor arbitration. Ask the company to pay compensation.

If the evidence is substantiated, the court may be appealed to seek compensation.

Legal analysis: If a female employee with grandchildren is pregnant, the employer shall not terminate the labor contract. Female employees may request continued performance of the labor contract or request the employer to pay corresponding compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

(2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work;

(3) Illness or non-work-related injury, within the prescribed period of medical treatment;

(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.

Article 45 Where a labor contract expires under any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on the negotiation and burial chain of work-related injury insurance.

In this case, the dismissal of the female employee by the company is likely to constitute unlawful dismissal. According to China's labor laws and regulations, specifically:

1.Pregnancy is not a ground for dismissal. According to Articles 39 and 40 of the Labor Contract Law, if an employer dismisses a female employee during her pregnancy or maternity leave, it is an illegal dismissal.

An employer shall not terminate a female employee's employment contract on the grounds of pregnancy or maternity leave.

2.Without the consent of the female employee. According to Article 27 of the Law on the Protection of Rights and Interests of Women, an employer may not terminate the employment relationship with a female employee without authorization or unilaterally terminate the employment contract. In the event of dismissal, the prior written consent of the female employee shall be obtained.

3.No financial compensation was paid. If a female employee is to be dismissed, the employer shall, without the written consent of the female employee, pay the female employee economic compensation according to the number of years of service. Generally, it is compensation for one to two months' wages.

4.Pregnancy is a period of stability in the employment relationship. The employment relationship is generally stable within 6 months of a female employee's employment, and the employer shall not terminate the labor contract without cause, unless the female employee seriously violates the rules and regulations of the employer or conducts serious improper acts.

According to the above-mentioned legal provisions, if a female employee is found to be pregnant and dismissed after one month of employment, the employer has clearly violated the law. Female employees should be able to request redress from the company, resume work and receive financial compensation, and may also seek mediation or file a complaint to protect their rights in accordance with the law. Companies should attach importance to and comply with relevant laws and regulations to effectively protect the legitimate rights and interests of female employees.

In summary, in this case, it was ruled that the company's unauthorized dismissal of a female employee was obviously illegal and was an illegal dismissal. Female employees have every right to take corresponding measures to fight back and protect their own rights and interests.

He directly applied for labor arbitration and requested the resumption of the labor prosecution system, which was 100% successful. It is obviously a circumstance that the employer shall not unilaterally terminate the labor contract as stipulated in the Contract Law.

In this case, you can only apply for labor arbitration, first of all, it is definitely illegal for him to dismiss you during this time, that is to say, in pregnancy or giving birth to a child during lactation, this period of time is not allowed to be dismissed according to the contract law.

Legal analysis: During pregnancy, the company cannot dismiss without reason, and the dismissal conditions are relatively strict, generally because the employee has the corresponding illegal or damaging behavior to the company.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in work that are exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or suspected occupational disease patients are during the period of diagnosis or medical observation (2) Workers who suffer from occupational diseases or are injured on the job and are confirmed to have lost or partially lost the ability to work (3) Sick or injured not due to work, and who are within the prescribed medical treatment period (4) Female employees who are pregnant, giving birth, or breastfeeding, (5) Having worked in the unit for 15 consecutive years, and are less than five years away from the statutory retirement age, (6) Law, Other circumstances provided for by administrative regulations.

If an employee is dismissed by the company due to pregnancy, it is an illegal dismissal, and the company shall pay double the amount of compensation to the employee on the basis of economic compensation; If an employee is dismissed due to one of the circumstances provided for in Article 39 of the Labor Contract Law, the employer is not required to pay economic compensation, but is required to provide evidence to prove it.

1. Should employees be compensated for being fired from work and sleeping?

If the rules and regulations of the employer are formulated through democratic procedures, and the rules and regulations of the employer stipulate that sleeping is a serious violation of the company's rules and regulations, and the employer has evidence to prove that the employee sleeps, the employer may dismiss the employee and is not required to pay any economic compensation or compensation; Otherwise, the employer dismisses the employee in violation of the law, and the employer shall pay compensation to the employee.

2. Is there any labor compensation for dismissal during the probationary period?

If the employee is dismissed during the probationary period and falls under one of the circumstances provided for in Article 46 of the Labor Contract Law, the severance shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer; If it is an illegal dismissal, double the compensation shall be paid on the basis of economic compensation; If the dismissal is faulty, the employer is not required to pay compensation.

3. What are the compensation that the company should get for the dismissal of employees?

When a company terminates an employee, the employee should be compensated:

1.If the employer proposes and the employee is consulted to dissuade the employee, the employer shall pay severance according to the number of years of service;

2.If an employer unilaterally dismisses an employee in violation of the provisions of the Labor Contract Law, the employer shall pay double the compensation according to the standard of economic compensation;

3.If an employee is dismissed due to the fact that the employer may terminate the labor contract as stipulated in the Labor Contract Law, there shall be no compensation.

Article 29 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

3) Female employees are pregnant, giving birth, or breastfeeding.

Article 87 of the Labor Contract Law of the People's Republic of China.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to Lao Hong in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal analysis: When the company illegally terminates the labor contract of an employee during pregnancy, the employee has two rights protection schemes: 1. The employee can request to continue to perform the contract and pay the loss of wages until the contract continues to perform.

If the employment contract expires during the course of the case, the arbitration or court will revoke the employer's decision to terminate the employment contract, determine that the employment contract between the two parties is terminated, and require the employer to pay wages and economic compensation for the days of termination of the employment contract. 2. If the employer illegally terminates the labor contract of a pregnant female worker, and the employee requests to continue to perform the labor contract, the employer shall revoke the decision to terminate the labor contract; If the employee does not request to continue to perform the contract and requests the employer to pay compensation for illegal termination, the employer shall pay two months' wages for each year of service.

Legal basis: Labor Contract Law of the People's Republic of China Article 42 Where a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.

Article 87 The employer shall pay compensation to the worker at twice the rate of economic compensation.