I don’t know if I am "major misunderstanding"?| Human Resources Law

I don’t know if I am "major misunderstanding"?| Human Resources Law

Case Introduction

Han entered a clothing company on June 19, 2013 for a personnel commissioner.On June 18, 2016, the labor contract signed by the two parties expired, and the company proposed that she would no longer renew the labor contract with Han.Financial compensation.On July 25, 2016, Han went to a hospital for examination. The doctor issued a diagnostic conclusion of "six weeks of pregnancy (42 days)".Restore labor relationship with the company.The company has refused on the grounds that newcomers have replaced by newcomers.Han then applied for arbitration.

Focus

Female employees do not know that they are pregnant. After the labor contract consultation is lifted, can they regret it on the grounds that "major misunderstandings"?

Arbitration result

No support for Han’s arbitration request.

Case evaluation

The above focus problems can be analyzed from the following levels:

1. Can the company be consistently unanimously terminated with female workers?

In this case, Han believes that Article 42 of the Labor Contract Law of the People’s Republic of China stipulates that female employees shall not be in accordance with Article 40 and 41 of the law during pregnancy, delivery, and lactation.Regulations to terminate the labor contract with the workers; Article 45 is also related to "the expiration of the labor contract and one of the provisions of Article 42 of the Law, the labor contract shall continue to the corresponding situation when the corresponding situation disappears", ",Therefore, employers cannot terminate their labor and terminate labor contracts with themselves.

However, Article 42 and Article 45 of the Labor Contract Law of the People’s Republic of China do not restrict the provisions of the employer in accordance with Article 36 and 39 of the Labor Contract Law and the "Three Phases" female employees.dismiss the labor contract.As far as this case is concerned, the company proposes to Han to renew the labor contract without renewal. This belongs to the company’s "offer".The actual action "commitments" the company’s "offer", and the two parties reached an agreement on the termination of the labor contract.In the rules of labor contracts, the company has no illegal parties.

2. Can pregnant female employees regret it after the labor contract consultation is canceled?

In the trial of this case, Han proposed that because he did not know that he was pregnant, he agreed to relieve the labor relationship. He believed that it constituted a major misunderstanding and asked to restore the labor relationship with the company.

Article 59 of the "Principles of the People’s Republic of China" stipulates that if the perpetrator has a major misunderstanding of the behavior content, one party has the right to request the people’s court or the arbitration agency to change or revoke.

Article 71 of the Supreme People’s Court "Opinions on Implementation of the General Principles of the Civil Law" (Trial) stipulates that the person’s wrong understandingIf the consequences of behavior contrary to your own meaning, and cause large losses, it can be identified as a major misunderstanding.

As far as this case is concerned, the company has paid economic compensation for terminating labor contracts in accordance with the law. Han also accepted the economic compensation, indicating that Han knew about the legal consequences of terminating the labor contract and there was no major misunderstanding.Han’s mistakes only point to the fact that he is pregnant, and does not belong to the "major misunderstanding" type stipulated in the above judicial interpretation.Moreover, in real life, female employees resigned because they were pregnant, and there were not a few cases of resting at home.Therefore, even if Han is pregnant during the existence of labor relations, it is not necessary to infer that its consent to terminate the labor contract is a major misunderstanding.Therefore, this case cannot be used to restore labor relationships for "major misunderstandings".

Pregnancy Test Midstream 5-Tests


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