case analysis

Women’s pregnancy is an important thing. Whether it is every family or in our country, it has special care for women who are pregnant.So what rights can women have after pregnancy? What jobs are not suitable for doing during pregnancy? This requires everyone to understand.

Ms. Wang in Wuhan was pregnant for more than 5 months, and her company suddenly asked her to resign. Ms. Wang expressed her rejection, and then she was removed from the company to chat and was dismissed by the company.Because there was no clear removal document, the company believed that Ms. Wang was actively resigned, and Ms. Wang thought that she was fired during pregnancy.Ms. Wang said that the company had proposed to compensate for half a month’s salary, but she stopped social security during pregnancy, and she could not receive her fertility allowances. What made her difficult to accept is that the company’s maternity leave was only one month.In this regard, Ms. Wang’s company’s HR said that the company has the company’s regulations that maternity mammals and leaves cannot make people take a few months.As the negotiation between the two parties has not progressed, Ms. Wang has reported to the labor supervision department.

Part of the picture comes from the Internet

First of all, pregnant female employees have legal rights that are not dismissed.Some employers, for the interests of their own units, will be dismissed or dismissed for various reasons once they find that female employees are pregnant, and even when signing a labor contract, they are agreed that they must not get pregnant within a few years, or even fall in love and get married.The "Protection of the Women’s Rights and Interests of the People’s Republic of China" clearly stipulates that no unit may dismiss female employees or unilaterally terminate labor contracts on the grounds of marriage, pregnancy, maternity leave, and breastfeeding.Article 29 of the Labor Law stipulates that if female employees shall not terminate the labor contract during pregnancy, delivery, and breastfeeding during pregnancy.The "employers" here include units of all employees such as state organs, enterprises, undertakings, and social groups.Women who are pregnant not only shall not terminate the contract during the employment period of the labor contract, but also the right to continue signing the labor contract after the labor contract expires.

Second, pregnant female employees have the right to exchange for pregnant women.In our country, there are women in almost all of the work areas. After women are pregnant, some positions will no longer adapt. For example, the work of "three shifts" is implemented."Working time mode; work that is relatively intensive or heavy for labor, you need to adjust your jobs with relatively easy and less activity intensity;In addition, it is necessary to change, and the employers should exchange work to pregnant women and employees with their ability to do it to suitable for the physiological requirements of pregnant women.

Third, pregnant female employees have the right to health care and prenatal inspection during working hours.The expectant mothers who are pregnant are always longing for future babies. They hope that they will have a healthy, lively, and smart baby. From pregnancy, they will always pay attention to the growth and development of the baby. They often go to the hospital for pregnancy health care and prenatal examination.

Fourth, pregnant female employees have the right to health care and prenatal examination during working hours.The expectant mothers who are pregnant are always longing for future babies. They hope that they will have a healthy, lively, and smart baby. From pregnancy, they will always pay attention to the growth and development of the baby. They often go to the hospital for pregnancy health care and prenatal examination.For prenatal examinations for pregnant female employees (including the initial examination within twelve weeks of pregnancy), the employer must provide convenience and conduct prenatal inspection at work hours, and treat them according to duty.The assessment of the work should deduct the corresponding labor quota.

Fifth, the right to rest in pregnant women.Female employees who are more than 7 months pregnant (including 7 months) shall not arrange to engage in night shifts and overtime labor, and give 1 hour of rest every day for labor hours.Women who are pregnant to terminate pregnancy for various reasons and enjoy the right to rest after pregnancy.If a female employee has a pregnancy abortion, a certain period of maternity leave should be given according to the certificate of the medical department.When female employees have a miscarriage of less than 4 months, they will give 15-30 days of maternity leave; those who have abortion for more than 4 months of pregnancy give 42 days of maternity leave.During maternity leave, wages are paid.

Part of the picture comes from the Internet

What work can not be engaged in female workers during pregnancy:

1. Cold water operations stipulated in the classification standards of cold water operations;

2. Low -temperature operations stipulated in the classification standards of low temperature operations;

3. The third and fourth -level operations stipulated in the hierarchical standards of high temperature operations;

4. The third and fourth -level operations stipulated in the hierarchical standard of noise operation;

5. Herizes engaged in anti -cancer drugs, hexhelcin production, contact with anesthesia gas, etc.

6. The operation of radioactive substances in non -sealing sources, emergency response to nuclear accidents and radiation accidents;

7. High -altitude assignments stipulated in the hierarchical standards of the heights;

8. The operation of the third and fourth level of physical labor intensity stipulated in the grading standards of physical labor strength;

9. In the closed space, high -voltage room operation or diving operations, it is accompanied by strong vibration operations, or needs to bend, climb, and squat frequently.

Toxic substances such as alkine, aniline, formaldehyde, etc. exceeding the national professional sanitation standards.

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