Do female employees have to resign after announcing the end of pregnancy and maternity leave only three days after joining the company?

On September 6, Mr. Zhang, the person in charge of a limited company in Zhejiang, vomited a depressing thing. Female employees announced their pregnancy only three days after joining the company, and resigned after maternity leave …

In chatting with many personnel managers in Ningbo, I found that they also have a headache for female employees who are "hidden pregnant".

Three days after joining the company, she said she was pregnant.

Miss Sun saw the information of Mr. Zhang's company's recruitment clerk at the job fair, and then interviewed and passed smoothly. In the interview, when talking about the situation of marriage and childbirth, Miss Sun stressed that she had just arrived in Ningbo from Guangdong, and she was not married yet, and she had no plans to get married in the short term. Miss Sun then signed a labor contract with the company.

However, only three days after joining the company, Miss Sun told her supervisor that she was pregnant and wanted to have a rest. During pregnancy, I often take time off for various reasons. Moreover, the company also paid his salary, paid social security and sent people to visit him after delivery. Unexpectedly, just after the maternity leave, Miss Sun called to say that she had resigned.

Mr. Zhang said: "Our company has many female employees, standardized systems in all aspects, and also takes care of female employees during pregnancy. However, employees who are' hidden pregnant' like this really hurt us. For more than a year, she has hardly created labor value for the company, but the unit has to pay wages and pay social security. "

"If she didn't know she was pregnant in advance, we'd better accept it. Later, I learned that she joined the company on the premise of knowing that she was pregnant, hoping to get the salary during pregnancy and childbirth and keep social security. " Mr. Zhang said gloomily that more pregnant people will affect the fair treatment of other women in employment.

Can the company terminate the labor contract if the employee is "hidden pregnant"?

The reporter learned from your parcel to the Beilun District Judicial Bureau that the labor arbitration commission in this district accepted a case of "hidden pregnancy" a while ago. Ms. Li entered a company as an administrative Commissioner, with a probation period of two months. After joining the company, Ms. Li informed her supervisor that she was pregnant. A few days before the expiration of the probation period, the company informed him in writing to terminate the labor contract.

Ms. Li believes that the company did not want to keep pregnant female employees when the contract was terminated, and put forward a number of arbitration requests such as continuing to perform the original labor contract. The company replied that Li had been transferred, but he still made mistakes in his work, which was really incompetent; Li concealed the fact that she was pregnant from the company when she joined the company. The contract shall be deemed invalid and the company shall be dissolved according to the regulations.

When hearing the case, Beilun District Labor Arbitration Committee held that if a female employee is pregnant, the employer shall not terminate the labor contract on the grounds that the employee is incompetent. Therefore, the company's dismissal of Li violated the law, and Li's request to continue to perform the labor contract should be supported.

If Ms. Li conceals her pregnancy when she joins the company, will this behavior lead to the invalidation of the contract?

The staff of the arbitration tribunal explained that the employer has the right to know the situation directly related to the labor contract, and the employee should truthfully explain it. However, even if Ms. Li conceals the fact of pregnancy, this behavior does not constitute a fraudulent means to make the other party conclude a labor contract against the true meaning, which does not lead to the invalidity of the contract.

Enterprises and employees should put themselves in other's shoes.

"The' hidden pregnancy' was hired, and both enterprises and employees should say that they have their own helplessness." Zhang Facai, a human resources expert of Zhaopin Ningbo Branch, said that from the perspective of enterprises, employees are definitely not expected to be "pregnant". If an employee is pregnant just after joining the company, the loss brought to the company is actually quite large. Without creating labor value, the company should give employees maternity leave and sick leave and adjust their schedules. Some employees even take pregnancy as a sword, thinking that companies dare not treat pregnant employees, so they indulge their behavior and don't work hard.

From the perspective of employees, pregnancy is their right, and the on-the-job status of employees during pregnancy is also a kind of protection for themselves. Female employees sometimes hide their pregnancy, which may really be a last resort. If you admit that you are pregnant in the interview, it will be difficult to get a job opportunity.

Zhang Facai suggested that in order to avoid "hidden pregnancy", it is best for employees not to change jobs during pregnancy. Employers and employees should think from each other's standpoint. Enterprises should do a good job in caring for employees and enhance cohesion; Employees should also love their jobs and do a good job during pregnancy when physical conditions permit.

Pregnancy, childbirth and breastfeeding are not amulets for female employees. Although the national laws have special protection for female employees, the protection has boundaries, and female employees have the obligation to abide by the law. Under legal circumstances, the employer can still terminate the labor contract.