Pregnant women are fired at night!What are the rights of employees during pregnancy?

The pregnant woman was on a supper, and occasionally hit a cricket, but it was not expected to be accurately recorded and fired by the company. This wave of operations of the company caused heated discussion among netizens.After the opening of the third child is encouraged to give birth, the elderly maternal is inevitably more and more. How to ensure that the legitimate rights and interests of pregnant women in the workplace are not damaged?How should I protect their rights in the case of similar situations?

Basic case

On March 28, 2022, the Zhuhai Intermediate People’s Court of Guangdong made a final judgment of the labor dispute cases that were fired due to the dozen of employees.In June 2019, Chen Wenjuan was dismissed and refused to pay compensation on the grounds of dozing off when he had worked for 7 years.

The company said that Chen Wenjuan fell asleep 6 minutes, 8 minutes, 28 minutes, and 6 minutes in the early 4 days, which seriously violated the company’s rules and regulations.Chen Wenjuan said that dozing off occurred at four or five in the morning, and the time was short, and normal physiological needs.

In response, Chen Wenjuan mentioned labor arbitration and arbitration decided that the company would pay 48,146 yuan for the lift of the labor contract.

The company did not accept a lawsuit with the Court of Xiangzhou District. The court determined that it was illegal and required to pay compensation.The company did not accept the verdict and appealed to the Zhuhai Intermediate Court.

Court decision

The Zhuhai Intermediate People’s Court believes that when the company unilaterally cancels, it is necessary to take care of the relationship and consider the issue of rationality.Chen Wenjuan’s violations of discipline were at night and did not seriously affect the duties of the post.In addition, Chen Wenjuan is in the early stages of pregnancy and is a special physiological stage. It has its own objective reasons.Therefore, the Zhuhai Intermediate People’s Court determined that Chen Wenjuan did not constitute a serious violation of discipline and rejected the company’s appeal. The company had to pay 48,146 yuan for compensation.

Protection of labor rights and interests of female employees

1. Pregnant women have the right to be reduced to reduce wages

In our country, the salary distribution implements equal pay for men and women. It is not allowed to reduce its basic wages during the pregnancy, delivery, and lactation period of female employees.("Regulations on the Protection of Women’s Workers")

2. Female employees are prohibited from engaging in lead, tribute, benzene and other toxic substances that exceed the national health standards during pregnancy.The homework of earthwork and stone squares, strong physical work, accompanied by strong vibration of the whole body, frequently bending, squatting, high homework and high homework in work.("Regulations on the Scope of Female Workers’ Taboo Works" Lao An Zi [1990] No. 2)

3. Regarding the labor time arrangement of female employees, the Regulations on the Protection of Female Workers’ Labor Study:

Female employees must not extend their labor time during pregnancy, and they are generally not allowed to engage in night shift labor.If a female employee cannot be competent for the original labor, it shall reduce the amount of labor or arrange other labor in accordance with the certificate of the medical department.

Female employees who are more than 7 months pregnant should arrange a certain rest time and appropriately reduce the work during the labor time.

Pregnant female employees should conduct prenatal inspections during the labor period, which should be counted as labor hours, that is, according to attendance, they cannot be treated according to sick leave, leave, and miners.For female employees on the front line of production, the production quota should be reduced accordingly to ensure the time for preparation.

Maternity leave

1. Maternity leave time

Article 8, paragraph 1 of the "Labor Protection of Women’s Workers" stipulates: "Female employees are 90 days, of which fifteen days before giving birth.

If it is difficult to give birth, increase maternity leave for fifteen days.For many babies, each babies have more than fifteen days for maternity leave."

2. Abortion

Article 8, paragraph 1,, stipulates: "If a female employee has a pregnancy abortion, the unit shall give a certain time of maternity leave according to the certificate of the medical department."The unit considers as appropriate.

3. Breastfeeding leave during work

Article 9 of the "Provisions on the Protection of Female Workers": "Female employees who are less than a year -old baby shall give them two breastfeeding (artificial feeding) time in each class, 30 minutes each.For a baby, each breastfeeding time increases for 30 minutes each time. The two breastfeeding time of the female employee can be used in two breastfeeding time per class.time."

4. Husband takes care leave

Is the husband’s rest and regulation of the province?In most provinces, the "Regulations on Population and Family Planning Management" stipulate the time for late -child husband’s husband’s rest. Generally, it is about 7 to 10 days. Some places such as Henan Province can grow for one month!

5. Late childbirth maternity leave

Article 25 of the Population and Family Planning Law of the People’s Republic of China: "Citizens’ late marriage and childbirth can get rewards or other benefits for extending marriage leave, maternity leave."Regulations on fertility management.

6. Work arrangements during pregnancy

Article 7 of the "Provisions on the Protection of Female Workers" stipulates: "During pregnancy, the units where female employees shall not arrange for their labor and work that work in the third level of physical labor stipulated in the state.Labor hours; for those who cannot be competent for the original labor, they should reduce the amount of labor or arrange other labor according to the proof of the medical department. Female employees with more than seven months of pregnancy (including seven months) are generally not allowed to engage in night shift labor;A certain rest time should be arranged during the labor time. "

7. Pre -delivery examination

Article 7 of the "Provisions on the Protection of Female Workers" stipulates that the third paragraph provides: "Pregnant female employees shall be considered as labor hours during labor during labor." The unit shall not deduct wages on the grounds of this.

The right to lactate female employee

For female employees who are less than 1 -year -old baby, they should be given two milk (including artificial feeding) time per class during the working time of each shift. Each milk time is 30 minutes.The breastfeeding time increases for 30 minutes.If the road is far away, you can combine the two milk time (including artificial feeding).The lactation time and the time of breastfeeding round -trip in this unit are regarded as labor time.

Female employees under the age of 1 year of age shall not arrange night shifts and overtime.During breastfeeding, female employees shall not be exposed to toxic substances such as lead, mercury, arsenic, benzene, and trimal toluene.

Various relevant laws stipulate that in addition to ordering them to make corrections, they must also bear corresponding legal and administrative responsibilities depending on their specific conditions.

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