After giving birth to two children and becoming pregnant, the woman was fired by the company, is the

With the continuous progress of society, women are also more and more respected, although the realization of equality between men and women is not an overnight thing, but with the joint efforts of everyone, the status of women is getting higher and higher. In order to protect women's reproductive rights, the State stipulates that the maternity leave of female employees shall not be less than 98 days. This was done to protect women's rights, but Ms. Lu from Chongqing was fired by her company while she was pregnant.

It turned out that Ms. Lu was working in a training institution and had just found out that she was two months pregnant, but what she didn't expect was that the person in charge of the training institution fired her after knowing that she was pregnant. When I first saw Ms. Lu's report, I felt that Ms. Lu was not worth it, but the truth that the person in charge of the training institution continued to tell made me feel that the training institution was also very wronged. It turned out that Ms. Lu was pregnant with a child not long after she worked at the training institution, and the first child was only two months old and she was pregnant with a second child, so the people at the training institution were afraid that she would have physical problems and fired Ms. Lu.

The company did violate the relevant laws by doing so, but Ms. Lu was not without any problems.

1. The company cannot dismiss a pregnant female employee. The labor law of our country has relevant provisions that the company cannot dismiss pregnant or lactating female employees. From a legal point of view, the company was indeed at fault, because Ms. Lu was pregnant, and the company violated the relevant laws by firing her.

Second, although the company is at fault, there is a reason for it. Although the company was at fault, I think it was for a reason. Since Ms. Lu joined the company, she has worked for a total of less than a few months, took a maternity leave, and when the first child was less than four months old, the second child was pregnant for more than two months.

From the employer's point of view, Ms. Lu came for the company's maternity leave.

Third, women's practices will make it more and more difficult for women in the workplace. Although Ms. Lu was reasonable, and the company finally compensated and compensated her, her approach will make it more and more difficult for women to work in the workplace. Just like the previously reported woman who was fired for her third child, more companies dare not accept female employees.

I think there is a mistake in what the company is doing and what the woman is doing, because the company has given the woman time to have a baby, but now she is getting pregnant again, and they are doing it right for the sake of profit, but it is morally incorrect. Women also have problems, and they should not be so unrestrained and not pay attention to protective measures.

I think the company's approach is wrong, and in the midst of human morality, we should be tolerant of pregnant women and give them leave instead of just dismissing them.

Wrong, the practice of work must be wrong, pregnancy and childbirth are natural, the company must be wrong just because of this matter, unless there are other violations of the company's regulations and systems, this phenomenon is now very common, some companies have a first child, he will be dismissed, not to say a word, simple and rude.

I don't think it's wrong, according to China's fertility law, it is now open to the second child policy, not to the third child, so the company can not give maternity leave to pregnant women, and the most important thing is that pregnant women have not obeyed the company's arrangement.

The fault was because the company's practice did not comply with the Labor Law and deprived the woman of her right to make normal work decisions.

There was a mistake because the woman was pregnant and eligible for maternity leave, and the company did so to the detriment of the employee.

The company's approach is indeed impersonal, but it is understandable, after all, the company also needs performance, and if it has been because of such things, it is very delayed.

Wrong, it can only be said that the company is very bad, there is no thought about the woman at all, there is no human touch, such an approach is undoubtedly disrespectful to pregnant women, and pregnant women should be given some understanding.

Of course, there is a mistake, because such a situation is not explained in these signed contracts, which is why this situation will occur.

I think there is still a certain problem, because when encountering this phenomenon, it is not possible to do so according to the regulations, and you can communicate with the parties concerned and seek a mutually acceptable solution.

From the company's point of view, even if there is a mistake, you have to do it, and you can't go on like this, so isn't it that the employee has to do nothing, and he has to pay a salary.

I think the company is doing something wrong. Because this woman gave birth to her third child, she didn't mean it, she couldn't control it.

According to the relevant provisions of the Labor Law of the People's Republic of China, the employer shall not terminate the labor contract of a female employee during pregnancy, childbirth or breastfeeding.

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

Article 37 A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee 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) The objective circumstances on which the labor contract was concluded have undergone major changes, resulting in the inability to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Summary. Hello, it is illegal to be dismissed while pregnant, you can start the labor arbitration procedure and ask for continued performance of the labor contract.

Hello dear, it is illegal to be dismissed while pregnant, and you can start a labor arbitration procedure to ask for continued performance of the labor contract, because I have just been there for two months, and I would like to ask how I should be compensated.

Sue him at the Labor Bureau.

I asked for double wages, how to calculate this, the labor bureau asked me to write the amount of the lawsuit.

The company's compensation standard for dismissing pregnant employees is: 1Illegal termination of labor relations is compensation:

This is equivalent to 2 times the severance payment. Na Lao 2Wages for pregnancy, childbirth, and lactation.

3.Wages and overtime pay (if in arrears) should be paid together.

I went to pay my salary twice in two months, and I want 7500 for this double compensation, is it reasonable.

Rational. Because the first month was less than a month's salary of more than 700 points, and the second month was 3850, how should I calculate it, and the company told me that it would give this month's salary.

My labor arbitration claim was written at 7,500, but the company now negotiates with me to only pay me a month's salary of 3,850

Negotiate until you are satisfied.

If both parties can't negotiate, what are the chances of me winning the labor arbitration, I didn't hire a lawyer, the company hired a lawyer.

There is no fee for arbitration, and the statute of limitations for applying for arbitration of labor disputes can be extended to one year.

Provide more evidence, such as proof of the existence of an employment relationship between the employee and the employer, such as labor contracts, access cards, work cards, pay slips, etc.

Summary. Hello dear, you can report this situation to the labor department, because the labor law is to protect pregnant women, you can also call the following ** to report such a situation.

Dear, hello, the above is the answer I have compiled for you, if my answer is helpful to you, I hope you can evaluate my service, your praise is the driving force for me to move forward, thank you very much for your support, I wish you a happy life

What should I do if I first came to the company and was dismissed by the company because of my two pregnancies.

Hello dear, I'm glad that this question is for you, it takes a few minutes for me to sort out the answers and type here, please be patient.

Hello dear, you can report this situation to the labor department, because the labor law is to protect pregnant women, you can also do stupid to call the following ** feedback such a situation 1-2-3-3-3 pro, hello, the above is the answer I have compiled for you, if my answer is helpful to you, I hope you can evaluate my service, your praise is the driving force for me to move forward, thank you very much for your support, I wish you a happy life

I just went to the company for two months and was dismissed by the company, how should I compensate?

How is the compensation for double wages calculated.

Hello dear, double salary, you will divide some of your basic salary by the number of days on work and multiply by two, that is, the daily salary yo dear, hello, the above is the answer I sorted out for you, if my answer is helpful to you, I hope you can evaluate my service, your praise is the driving force for me to move forward, thank you for your support, I wish you a happy life

No, according to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

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.

1. What should I do if a pregnant female worker is dismissed?

1. If the female employee requests to continue to perform the labor contract, the employer's decision to terminate the labor contract shall be revoked, and both parties shall continue to perform the labor contract. If the employee's wage income is lost, the employer shall also pay the wages. If the term of the labor contract expires during the course of the case, the employer shall revoke the employer's decision to terminate the labor contract, determine the termination of the labor contract between the two parties, and order the employer to pay wages and benefits up to the date of termination of the labor contract.

2. If the female employee does not request to continue to perform the labor contract, it may be deemed that the employer proposes that the labor contract be terminated by mutual agreement, and the time for terminating the contract shall be determined until the expiration of the "three periods" of the female employee. If the term of the labor contract has not expired on the date of expiration of the "three periods" of the female employee or there is only a de facto employment relationship between the two parties, the employer shall pay the wages of the female employee until the date of the expiration of the "three periods" and pay severance for the termination of the labor contract. If the labor contract of the female employee has expired on the date of expiration of the "third period", the labor contract between the two parties shall be deemed to have been terminated upon the expiration of the term, and the employer shall not be required to pay the female employee Severance for the termination of the labor contract.

2. What are the conditions for dismissing a pregnant female employee?

If 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 the Labor Law.

However, in accordance with Article 25 of the Labor Law and Article 39 of the Labor Contract Law of the People's Republic of China, the employer has the right to terminate the employment relationship with a pregnant female employee in accordance with the law under any of the following circumstances:

1. Serious violation of labor discipline or the rules and regulations of the employer;

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

3. The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

4. If the employee is investigated for criminal liability in accordance with the law, the employer is not required to pay economic compensation. However, if this is not the case, and the employer dismisses the lactating female employee, the employer shall pay severance and additional severance payments.

Therefore, an employer cannot arbitrarily dismiss a female employee who is breastfeeding.