After pregnancy, how should I apply for a job transfer with my leader?

If a female employee is engaged in a work that falls within the scope of taboos during her pregnancy, the employer must transfer her to another position. For those who are not qualified for the original work, their workload should be reduced or other work should be arranged according to the certificate issued by the hospital. Female employees who are more than 7 months pregnant should still be given a certain amount of rest during working hours.

<> maternity leave for female employees.

Maternity allowance for the period.

Enrolled in maternity insurance.

The maternity insurance shall be paid according to the average monthly wage of the employee in the previous year. Those who do not participate in maternity insurance shall be paid by the personnel selected by the unit according to the salary standard of female employees before maternity leave. Employees who want to find a job in an employment contract.

It is agreed that if the post convention is clarified, the company has no right to unilaterally adjust the employee's position, the company should have a legitimate reason to transfer the employee's position, and an agreement must be reached, otherwise the employee can not go to a new position, the employee can put forward the reason that the company does not provide working conditions, and if he leaves, he has the right to ask the company to pay economic compensation, which is paid for one month for each year of work. At the same time, the employer will also adjust the work of the employee. I used to work in a laboratory in a Chinese medicine factory, where my main job was to check the content of raw materials and finished products.

I need to be exposed to a lot of chemicals. After I got pregnant, I applied to my boss to temporarily go to the office to arrange the birth and sort out some documents.

I don't know what job you are in and can it affect your pregnancy? If there is an impact, it is still a legitimate request to apply to the boss, and the company will generally allow it. If your boss really disagrees, it depends on how your position affects you.

If you need to go out or stand for a long time and don't have time to rest, see if you can overcome it. If you have factors similar to mine that affect fetal development, don't hesitate. If the boss doesn't agree, just resign.

After all, it's the kids who matter!

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Many women who want to apply for job transfer after pregnancy can explain their actual situation and the leader clearly and apply to the unit. After the layers of approval, you can.

Be sure to write an application for job transfer, the attitude must be sincere, and the reason must be written.

You can tell the boss that I am pregnant, and I don't do high-intensity work anymore, and this is not conducive to protecting my health, so I hope you can agree to my transfer.

If the worker is unwilling, she has the right to refuse to perform and request to continue to work normally in the position agreed in the contract.

In addition, if a pregnant female employee resigns due to the aforesaid reasons, the company shall compensate the female employee for the salary income due during pregnancy, childbirth and lactation. Therefore, during pregnancy, a female employee can refuse to be transferred, and at the same time, she can also request the employer to pay compensation.

Pregnant women can refuse to be summoned.

A pregnant woman may not refuse a summons, which is a measure taken by the judicial authorities to notify the litigants to appear at the case at a designated time and place. The summoned person shall appear on time as required by the summons. Those who refuse to appear in the case without a legitimate reason must bear the responsibility provided by law.

In order to ensure the smooth conduct of criminal proceedings, acts such as detention or arrest of criminal suspects taken by relevant authorities in accordance with the law are called compulsory measures. The enforcer of compulsory measures must go through the relevant application before taking compulsory measures against the criminal suspect, otherwise it is illegal to enforce compulsory measures.

Criminal coercive measures generally include: custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest. However, the targets of application are criminal suspects or defendants, and compulsory measures must not be employed against litigation participants and persons not involved in the case.

Can I ask the company for compensation for job transfer and salary reduction during pregnancy?

According to Article 27 of the Law on the Protection of Rights and Interests of Women, "no unit shall reduce the wages of female employees, dismiss female employees, or unilaterally terminate labor (employment) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding, etc." ”

If it is not the will of the pregnant woman, the company cannot forcibly transfer the job, even if the pregnant woman agrees to the transfer, the salary must remain at the original level, and the salary cannot be reduced. Pregnant women can negotiate with the company to terminate the employment contract.

According to Article 47 of the Labor Contract Law, the company shall be compensated twice the standard of economic compensation: "The economic compensation 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." 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.

Being demoted and reduced during pregnancy may be difficult to follow the path of legal principles, so it is recommended to take the line of favors.

Why is it so difficult to understand the reasoning?

Many people will say that the third phase of female employees should be protected by the law, and the company cannot reduce their salaries at will, which has a legal basis, but it is difficult to operate and implement it in practice. For example, the company may transfer a pregnant female employee on the grounds that the original job pressure is too high and it is not suitable for pregnant women, but for the company, they believe that this is not only not harmful to the interests of female employees, but on the contrary, it is a measure to protect pregnant female employees.

For example, the law stipulates that the basic salary of female employees cannot be reduced during pregnancy, and the salary income of female employees cannot be affected, but smart companies may split the salary of female employees into several pieces, and the basic salary is not the performance company or bonus, and the company has reduced the salary, but the company does not admit that it has reduced the basic salary or wage income, but reduces the performance and bonus of female employees, which they think is reasonable.

Therefore, most of the time, female employees who encounter this situation do not make sense in legal theory, and no matter how good you are in front of the company, they will have already avoided all risks.

The law doesn't make sense, so let's go away.

I am also the head of the front-line department, and I should have the corresponding network resources accumulated when I go to this position, so find a leader who you can trust and contact more at the same time and recognize you, let the other party find a way to help you, and you should also have a good relationship with your direct superiors, such as inviting the leader to eat, communicate and talk together, so that the other party understands your mind, and sometimes it is not a bad thing to bow your head appropriately.

The last point also needs to be clearly known, as a woman, it is true that luck will be replaced by others, many people are so ruined in vain, this is also a matter of no way, but this is only a matter of years, on the other hand, a cute child is not a more important thing? It's better to think about everything.

First of all, the transfer of posts is required to sign some documents, must require your personal consent, so at this time it is recommended that some reasons such as prenatal examination, pregnancy test and so on are the leader, so that you can choose to shirk these reasons when you sign, indicating that there is no time, and if you are pregnant, the leader allows you to transfer, you can follow the relevant labor laws, indicating that this is an illegal act, so that you can also refuse some of the needs of the leader. Of course, if you really can't refuse, it is recommended to obey the company's arrangement, after all, you can get a salary during pregnancy, so as not to lose your job.

Legal analysis: If the application for job transfer is rejected, it is recommended to communicate well with the company's leaders, express their difficulties, and hope that the company will understand. The application for job transfer is a unilateral expression of intent, and it is necessary to look at the other party's expression of intent.

Whether or not to transfer depends on whether the company approves it. Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations. Article 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.

If a pregnant employee refuses to be transferred, she can file a complaint with the labor inspection agency, and the company needs to reach an agreement with the employee on the job transfer. According to the relevant laws and regulations, the time required for prenatal examinations for pregnant female employees during working hours is included in the working hours.

You can refuse like this, leader, I feel that my current body does not need to be transferred, and I can be competent for the current job, if my body does not allow it in the future, I will definitely tell the leader, and you will transfer me again.

Shouldn't there be maternity leave if you're pregnant? If you are transferred to an easier position, you can still do it, and you don't have to refuse. And if you are transferred to a position that is more tiring than your previous job, you have to refuse.

It depends on what position it is, maybe the position is good.

If the employee applies for a job transfer but the leader does not agree, the employee can give up the job transfer. If the employer believes that the employer's disagreement with the job transfer is illegal and illegal, it can also file a complaint with the labor department. If the employee does not want to continue working in the current position, he or she may also terminate the labor contract with the employer.

Paragraph 1 of Article 38 of the Labor Contract Law.

If the employer has any of the following circumstances, the employee may terminate the labor contract

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; Slag width.

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If you are pregnant, you can be transferred but you can't take a pay cut. Employers may adjust the positions of pregnant female employees, but only on the basis of the principle of protecting female employees, on the basis of reducing the amount of work and improving the corresponding working conditions, and cannot forcibly transfer them if they wish to do so; If an employer arranges other work for a pregnant woman, it cannot reduce her salary.

Article 35 of the Labor Contract Law of the People's Republic of China The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The employer and the employee shall each hold one copy of the text of the contract for the sale of the labor register after the change.

Article 5 of the Special Provisions on the Labor Protection of Female Employees shall not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding. Article 7 of the Special Provisions on Labor Protection for Female Employees Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before giving birth; In case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the state can increase the maternity leave by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.

Legal analysis: The employer and the employee should reach an agreement on the transfer of posts and the modification of the labor contract, and the employer and the employee should reach an agreement through negotiation. Therefore, it is possible to negotiate with the employer for job transfer.

Legal basis: Labor Contract Law of the People's Republic of China Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.