How to deal with female employees who conceal their pregnancy?

1. If the other party enters into or changes a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others, the labor contract is invalid or partially invalid, but not all acts of providing false information or concealing information are fraud.

2. The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. It is emphasized here that what workers need to truthfully explain is the basic situation directly related to the labor contract. If the information concealed by the laborer is the basic condition directly related to the labor contract, such as the information closely related to the post, such as the employee's false education or work experience, the labor contract can be considered as a labor contract signed by the employee by fraudulent means, and it is invalid from the beginning.

3. The pregnancy of female employees is their personal privacy and a basic right given to women by law, but whether they are pregnant or not is not directly related to the basic conditions for the performance of labor contracts. Therefore, it is obviously illegal for the unit to conceal the fact of pregnancy when employees join the company and dismiss them.

1. How can an enterprise protect its own rights and interests within the scope permitted by law?

1. Enterprises should take appropriate measures to inform female candidates of the nature of their positions, and make it clear that whether the candidates are pregnant or not is closely related to the performance of specific positions due to the nature of the positions and labor intensity (for example, hotels recruit hostesses, jobs that require frequent business trips, jobs with high labor intensity, etc.). ). If a female applicant conceals the fact of pregnancy before joining the company, the company can terminate the labor contract according to law without paying economic compensation after joining the company.

2. Before employees take up their posts, enterprises need to take necessary physical examination measures, and at the same time, they cannot violate the mandatory provisions of the law on hiring female employees.

3. Maternity insurance avoids the risk of maternity leave for women. In accordance with the provisions of the Special Provisions on Labor Protection for Female Employees, if they have participated in maternity insurance, the maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave. In this way, the burden of the employer will be greatly reduced.

Second, under what circumstances can employees be dismissed?

1. After the expiration of medical treatment, the laborer is unable to engage in the original job or other jobs arranged by the employer. This article should pay attention to two points:

The medical treatment period refers to the period during which workers can enjoy medical shutdown and paid sick leave according to their length of service and other circumstances, rather than the medical treatment period during which workers actually need to recover from illness and injury. The medical treatment period is determined in accordance with the Provisions on the Medical Treatment Period for Sickness or Non-work-related Injury of Enterprise Employees issued by the Ministry of Labor.

For some patients with special diseases (such as cancer, psychosis, paralysis, etc.). ), the medical treatment period can be appropriately extended.

2. The laborer is not competent for the job, and he is still not competent for the job after training or adjustment.

(1) The so-called "incompetence" refers to the inability to complete the tasks agreed in the labor contract or the workload of the same type and position as required.

(2) If the laborer is not competent for the work agreed in the labor contract, the employer shall train him or adjust his post. If the employee is still not competent for the original agreed work or the rearranged work, it means that the employee lacks the labor ability to perform the labor contract.

3. Significant changes have taken place in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the parties concerned cannot reach an agreement on changing the labor contract through consultation.

legal ground

People's Republic of China (PRC) (China) Labor Contract Law

Article 8 The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.

Thirty-ninth the employer unilaterally terminates the labor contract immediately.

In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.