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I think in this case, I should let myself make the decision to resign. Because by resigning, you can make yourself feel more comfortable inside.
For any woman, she needs to be pampered by her family during pregnancy. And in the process of carrying out the work, try not to allow yourself to engage in some manual labor. And don't let yourself be wronged, only then can you have a good state during pregnancy.
The decision to resign should be made.
First of all, after you are pregnant, your boss makes things difficult for you at every turn, which is a wrong behavior. Moreover, this kind of leader has a very narrow mind, even if you continue to work in the company, you will not get the support and affirmation of this kind of leader. Therefore, I personally feel that in this special period, you should make a factual choice.
By resigning, you can leave this kind of boss completely. And it won't make you feel uncomfortable because of your boss's troubled situation. <>
You should keep yourself in a good mood.
Secondly, after resigning, you should also choose to keep yourself in a good mood. Because you can have a good mood during pregnancy, it is relatively good for pregnant women. This allows the fetus to develop in a better environment.
After all, when a pregnant woman is often angry or feels wronged, the fetus will feel the same way in the pregnant woman's body. <>
My personal opinion.
Finally I personally feel that in the process of carrying out work, if the woman carries out pregnancy. The boss in the company should not choose to make things difficult for this kind of woman everywhere, but choose to care for this kind of woman through love. Because only in this way can this kind of woman feel more comfortable in the process of work.
After all, it is a special period and requires special treatment. Therefore, I personally think that a boss who makes things difficult for a pregnant female employee should review his own shortcomings.
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The law stipulates that companies do not have the right to dismiss pregnant women, so you can keep the evidence that your boss asked you to resign, and then go to the labor bureau to apply for arbitration.
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First of all, you can communicate with your last visit, and if you are not at fault, then you can apply for arbitration, or you can report the situation to a higher level.
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You must not resign, you must persevere, and if your boss fires you, you can sue him and ask him to compensate you for mental damages.
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The employer may dismiss a pregnant woman if she has any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; Serious violation of the rules and regulations of the employer; Other. In addition, the employer shall not unilaterally terminate the employment contract.
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Legal analysis: If you are forced to leave your job by the company due to pregnancy, you can apply for labor arbitration to take turns to require the employer to continue to perform the labor contract, or terminate the labor contract to require the employer to pay double the economic compensation. Because forcing employees to resign is an illegal termination of the labor contract by the unit, Tongzheng is required to pay double the economic compensation.
Legal basis: Labor Contract Law of the People's Republic of China Article 87 If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the compensation standard of Jingzhou Zhiji as stipulated in Article 47 of this Law.
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Legal analysis: If you are forced to resign by the company due to pregnancy, you can apply for labor arbitration to require the employer to continue to perform the labor contract, or terminate the labor contract and require the employer to pay double the economic compensation. Because forcing an employee to resign is an illegal termination of the labor contract by the employer, the severance must be doubled.
Legal basis: Labor Contract Law of the People's Republic of China Article 87 If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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1. It is not the same thing whether a pregnant female employee mainly resigns voluntarily or the company voluntarily dismisses her, and the corresponding treatment of the two is also different.
2. If the unit wants to terminate the labor relationship with the pregnant female employee, that is, to dismiss the pregnant female employee, the pregnant female employee has not seriously violated the company system, and the unit's termination of the labor relationship is illegal, and the pregnant female employee can request to continue to work or request the payment of compensation, and the salary of one year and two months of work, less than one year and half a year of bending the mountain shall be calculated as one year, and the salary of less than half a year shall be paid one month.
3. If a pregnant female employee voluntarily resigns (regardless of the reason), if the reason for the resignation is the illegal behavior of the unit, the employer can be required to pay economic compensation, and the standard is one month's salary for one year. However, it is not possible to ask to continue to work.
Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Financial compensation is twice the amount of compensation.
1. Relevant legal provisions.
Labor Contract Law
Article 39 An employer may terminate a labor contract under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker 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;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. If the potato is closed for more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
For the purposes of this article, the term "monthly wage" refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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Legal analysis: In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Stoppage and Cancellation Disputes
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for an adjudication; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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If you have the "Labor Law", when you get the dismissal procedures, go through the judicial process to sue them, and you must collect evidence, such as recording and taking pictures.
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When did you get pregnant? Is there a contract for employment? The boss can't fire you. You can sue him.
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Negotiate first, and if the negotiation fails, go to labor arbitration to file a lawsuit.
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What is the situation? You can apply for labor dispute arbitration.
The company's practice is illegal, and pregnant women cannot be asked to leave their jobs.
Labor Contract Law
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 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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