After leaving the job, I found that I was pregnant the next day, can I ask the unit to continue to perform the original labor contract?

Xia Li is a staff member of an online company. When she just graduated, she came to work in the company. She started from Xiaobai at the front desk. After four years of hard work, she has been promoted to the position of the executive supervisor.The work is handy, and the income is okay.Xia Li hoped that her career would have a better development, and decided to leave to go to Shenzhen to find a Fortune 500 company.So on May 23, 2019, Xia Li submitted an application for resignation, and after 3 days, she went through the procedures for resignation on May 26, and the company lifted the labor contract with the company.

The day after leaving, Xia Li found that she was pregnant due to physical discomfort.So on the same day, Xia Li went to the company who had just handled the departure procedures and asked the company to restore her labor relationship with her pregnancy.

Article 42 of the Labor Contract Law stipulates that: female employees shall not terminate the labor relationship with the workers in accordance with the law during pregnancy, birth, and lactation (also known as our commonly known female employees).

Article 42 of the Labor Contract Law

The company believes that Xia Li and the company’s termination of labor contracts are voluntarily proposed based on their own will.There is no problem with pregnancy on the day of the departure.The company cannot restore its labor relationship.

Based on the above contradictions, Xia Li sued the company to court.

The reason for Xia Li’s lawsuit is that he was pregnant when he proposed to leave. Although he had lifted the labor contract with the unit, there was a major misunderstanding of the lifting process. Therefore, the company was required to restore the labor relationship.

So the question is. After the resignation, the female employee found that she was pregnant, and the labor contract that had been lifted before the labor contract was lifted during pregnancy?How to recover?

At present, in judicial practice, there are two different views on the above problems:

Viewpoint 1: The lifting of the labor contract is the expression of the true meaning of workers and employers. The workers have completed the departure procedures in the unit, and the relationship between the rights and obligations of both parties of the labor contract has been terminated.

Viewpoint 2: Female employees have a time process from pregnancy to confirmation or knowing that they are pregnant. When the workers lift the labor contract with the unit, they may not know that they are pregnant.Major misunderstandings, as long as they claim to reply to labor relations within one year after the termination of the labor contract, employers should support them.

Based on the different views above, the court’s trial results are also different. In the process of handling more cases, they will first coordinate individuals and units to negotiate, and try to achieve reconciliation of workers and employers through negotiations.If the negotiation fails, a reasonable judgment is made based on the actual situation of the case.

In 2014, the Beijing Higher People’s Court and the Beijing Municipal Labor Dispute Arbitration Commission jointly released a "Minutes of the Conference": After the female employees negotiated with the employer to terminate the labor contract, they requested the withdrawal agreement or required to continue to perform the original labor contract after pregnancy.It is generally not supported.

Baby Scale-(24inch)


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