Beijing women’s drilling legal loopholes, the truth is very happy

In Beijing, in the early morning of a autumn day, the sun was spilled into the office through the windows of the high -rise building, reflecting on the face of a young woman.Her name is Fu Xiaoyu, a personnel manager.She has a handsome face and smart eyes, making people want to look at it a few more times.

Fu Xiaoyu’s company is a large -scale enterprise and is known for its regular and rigorous management methods.For this job, Fu Xiaoyu has great expectations.She expects to develop and grow here while enjoying the benefits of high wages.

However, just a few days after the employment, Fu Xiaoyu brought an unexpected news.She took out a diagnosis of six weeks of pregnancy and declared that she was about to become a mother.This sudden news made the company’s senior management feel a headache.They realized that Fu Xiaoyu’s pregnancy would bring infinite trouble and uncertainty.

In the next month, Fu Xiaoyu asked for leave almost every day.She is always absent for various reasons, and there is almost no normal attendance.The company was very helpless in the face of this situation.They have repeatedly persuaded and explained to Xiaoyu, hoping that she can understand the company’s difficulties.However, Fu Xiaoyu seemed to be a deaf ear, and his trust in the company gradually decreased.

Finally, the company couldn’t bear it and decided to dismiss Fu Xiaoyu.They believe that Fu Xiaoyu’s behavior violated the company’s labor discipline and seriously affected the normal progress of work.

Fu Xiaoyu was angry after learning the company’s decision.She immediately applied for labor arbitration and firmly believed that it was illegal to be fired by the company during pregnancy.She asked to restore labor relations and replenish wages.

After some trials, the Labor Arbitration Commission decided to support Fu Xiaoyu’s demand.They believe that the company’s dismissal of Fu Xiaoyu did violate her labor rights and interests and violated relevant laws and regulations.According to the results of the arbitration, the company needs to restore the labor relationship with Fu Xiaoyu and make up her salary difference in October.

However, the company is not satisfied with this decision.They decided to continue a lawsuit in the court to seek true fairness and justice.

In the court’s trial, Fu Xiaoyu stated his views and demands.She said that she was treated and fired in unfairness during pregnancy, and was extremely angry about the company’s approach.

The debate in the court was fierce and nervous.Fu Xiaoyu provided a number of proof materials through a lawyer, trying to prove that he was treated unfairly during pregnancy.The company claims that she has dismissed the provision of the labor law completely in accordance with the regulations of her frequent leave and ignoring the company.

In the end, the court made a judgment on the case.They believe that the company’s dismissal is not illegal and is in line with relevant laws and regulations.According to the court’s decision, Fu Xiaoyu could only receive legal compensation issued by the company, and could not restore labor relations and reissue wages.

【legal advice】:

According to the relevant provisions of the Labor Law of the People’s Republic of China, such as the officially signed labor contract clearly stipulated the probation period. During the probation period, the employer had the right to dismiss workers.In addition, in the trial period of the labor contract, Fu Xiaoyu clarified that the monthly salary of the probation period was 80%of the official signing of the labor contract.

In the request proposed by Fu Xiaoyu, the part of restoring labor relationship and reissue salary, in accordance with relevant laws and regulations, the company’s dismissal did not violate the law.The company has given Fu Xiaoyu’s legal compensation in accordance with the provisions of the labor law.Therefore, the court’s judgment is reasonable.

According to the provisions of Article 39 and 44 of the Labor Law of the People’s Republic of China, employers have the right to dismiss the workers during the trial period and do not need to bear the responsibility of double wages or compensation.

【Legal Terms】:

1. Article 44 of the Labor Law of the People’s Republic of China: If the employer dismisses the employees in accordance with the law, it is not allowed to compensate for compensation.If the worker is fired for one of the following situations, it is not allowed to request compensation:

(1) It was fired during the probation period;

2. Article 39 of the Labor Law of the People’s Republic of China: If the employer lifts the labor contract according to law, it shall pay the economic compensation to the workers.If the worker resign or lifts the labor contract in advance, he does not enjoy economic compensation.

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