I am pregnant, I am automatically resigned

"We all hope you can keep this child."

When the company dismissed Zhouzhou, she reluctantly comforted her, as if everything was for her, but she could only choose one for children and work.It was fired in the early pregnancy, and it was difficult for Zhouzhou to find a new job. In the face of her questioning and resistance, the company HR became straightforward: "Then you sue, let’s lose money."

On August 28, 2022, an exemption commitment requested by female employees to "automatically resign once when pregnant" was exposed online. According to the picture from the parties, she was written in the promise requested by the parties: "I solemnly promise in the promise in the letter.Once the company is pregnant, I will leave the employment automatically and abandon any economic compensation and relevant legal responsibilities of the unit. "Some media contacted the lady and confirmed that the promise letter was true.

Photos of the promise book from the parties

Yuan Lei, a full -time lawyer of the law firm of Jiangsu Yongheng (Yancheng), told Nanfeng that from the legal sense, the commitment was definitely invalid.

According to the "Labor Law" and "Labor Contract Law", if female employees are pregnant, out of delivery, and lactation, employers shall not terminate the contract and implement economic layoffs.The "Women’s Rights Protection Law" also clearly stipulates that women are specially protected during pregnancy, birth, and lactation.Essence

However, where this commitment is really scary is that the power between the enterprises and the employees of the enterprise and the employees behind, and the former’s contempt for the law.

The law is only a minimum moral requirement. Within the limit of violation of the law, companies have always used various hidden methods to force pregnant employees to leave in disguise, such as adjusting posts, layoffs, personnel changes, and other intimidation.

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Some companies want to set up the establishment of the laws and regulations to avoid labor contracts, making it difficult for pregnant women to proof. Some companies even frankly acknowledge illegal, waiting for pregnant women to sue them to court, and they are one hundred after compensation.

In order to protect their legitimate rights and interests, they insisted on the road of arbitration during pregnancy.

"Knowing that it is illegal, so give you money. Isn’t it to compensate if you violate the law?" HR frankly acknowledged the company’s illegal behavior -to send an email for the third year of employment and one month of pregnancy,Essence

After receiving the email, Zhouzhou called HR to question the reason for dismissal. The other party gave two reasons: "First, the company’s workload is large.We also decided not to keep your job anymore. "

Finally, HR told Zhouzhou, "We all hope you can keep this child."

Zhouzhou believes that most of the work content in the company is actually video editing, and it is not necessary to go out.In addition, there is another colleague in this post. The two are often shot outside and one person edits.

Zhouzhou made clearly stating that "disagree with dismissal", HR said quickly, "Then go normal channels."Then hung up the phone quickly.

At this time, it was less than five days before Zhouzhou found that he was pregnant and told the boss for less than five days. The boss was a woman.

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Yuan Lei told Nanfeng Window reporter, "Many employers will find a way to dismiss pregnant women when pregnant women are just pregnant, and from pregnancy to production to the end of breastfeeding up to two years. Once they are dismissed during this period, it is difficult for pregnant womenFinding a new job, losing the source of income and the protection during pregnancy, it is time -consuming, labor -intensive, and consuming their rights. This is difficult for pregnant women to persist in spiritual and physical. "

Han Bing, who was working in a Internet company in Shenzhen, was fired at the eighth month of pregnancy.The leader persuaded Han Bing to pay attention to his body at the temperature and to pay attention to the body, "Everything is waiting for the child to be born."Han Bing felt that a pot of cold water was falling on the top of her head. At that time, she worked in the company for two and a half years. She just hollowed out and bought a house. She carried a mortgage.

She described the mood at that moment as "mountain rain is full of wind and full."In fact, because the economic situation is not optimistic, the company has begun to lay off layoffs in those days. There are always colleagues around him who received a call from "personnel adjustment" to "post -retreat" and so on.The most "reasonable and reasonable" reason.

Shen Yan, who has worked in a state -owned enterprise in Nanjing for three years, was notified of removal received at the beginning of maternity leave.But strangely, it was not her own company staff, but another unknown outsourced company.

That was in May 2019, Shen Yan had to apply for maternity leave due to severe pregnancy.One day before the holiday, she received a strange phone call after getting home from get off work, and told her "I don’t need to go to work tomorrow."

The other party told Shen Yan that she signed an outsourcing contract with the company. Therefore, strictly speaking, her labor relationship belongs to another "Party A company".Now, the cooperation between the original company and the "Party A company" has been terminated. Therefore, Shen Yan needs to go to Party A company to work.

Shen Yan understood that the original company intends to throw the pot out.She immediately called the direct leader of the department. After the other party was connected, the other party quickly said, "I’m in a meeting, I’m sorry", and immediately hung up the phone.

Shen Yan knew that the mediation compensation may not be easy. She gritted her teeth and decided to embark on the road of arbitration.

Due to the relationship with the company, Shen Yan only required compensation for "n" from beginning to end, no "2N+1", and no "n+1".She knew that there were several female employees who were fired due to pregnancy, but considering the complexity and tedious arbitration, most people chose to swallow the voices.

The leaders who dock her discussion on the dismissal are also a mother. She is still the person who brought Shen Yan out of the hand.What kind of risks do employees need to be afforded during pregnancy? "

It is desperate that the company has decided to "deal with" her anyway. Shen Yan thought that because they firmly believed that a woman with a stomach had no extra energy and effort to fight them.

When a woman becomes a pregnant woman, she cannot be unwilling to know about her limitations and weaknesses.But even so, they are still asking: Can I have only one right of fertility and equal work?

When he joined the company, Yaqing was asked to promise to "inaccurate pregnancy within two years". At that time, Yaqing did have no plans in this area, but the next year, she was unexpectedly pregnant."Insufficient ability, neglect of duty."

It was at the beginning of 2020 that the epidemic was just the beginning, and Yaqing, a private company in Shenzhen, was asked to submit a list of employees.After the list was delivered, the warehouse delivery employee was isolated at home due to high -risk areas, which caused delays to ship.The boss decided that this was Yaqing’s misconduct.

On the day of being fired, Yaqing went to talk to the leader. For two hours, most of the time, the leader was denying her work and disliked her salary.In the end, the boss became excited and scolded Yaqing "unkind" and "no conscience", because it was less than three years of work in the company. If it was three years, he said that he would "give maternity leave and salary."

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He said directly, "You’re better to accept it, don’t let me be so uncomfortable."

From the next day, Yaqing still came to work, but did not expect to ambush around.From the department manager to colleagues, including Cleaning Auntie, they are all changing Fa’er to persuade her to leave voluntarily.

The leader also found her several times.In the end, the leader began to cry poor, and begged Yaqing to "let him go". He said, "Being a man should be morally, to be reasonable, and not to drill the law.

The wheel war was conducted for three days. From the fourth day, Yaqing found that the "enemy forces" began to have some small movements, such as arranging people to supervise her. From the time of leaving the seat to the time of the toiletHow many glasses of water were drinking and finally installed monitoring next to her stations.Ya Qing looked at all this angrily and funny, feeling that he was sad and helpless.

Yaqing did not compromise, "the law gives me the right to fertility. This right should be protected." She decided to embark on the road of arbitration.

At that time, she was already in the third trimester, and she was insufficient. She spent 6,000 yuan/month and invited an arbitration lawyer to help herself.

The weakening of physical strength during pregnancy is an important reason for preventing many pregnant women from strengthening the road of arbitration.

Cui Yun assisted in a tutoring agency in Guangdong that night. One year later, he turned to a full -time employee with a monthly salary of about 4,000 yuan.When she joined the job, the boss also invited her to join the company’s shareholders.The boss is also a woman and has three children.

In July of this year, Cui Yun told the boss for three months of pregnancy. The boss asked her to withdraw the shares and leave the job: "I hope that the departure will be proposed by yourself, and there is no compensation because we are a small company."

This tutoring class is indeed a small institution. It is more like a custody class in nature. All the students add up to only 50, but because they have to counsel students every night, Cui Yun often stays until eleven or twelve in the evening.

Cui Yun decided to arbitration, but in the Labor Bureau, she was persuaded to mediate several times.After seeing it back and forth many times, her physical strength was dragged down by the stomach that became bigger day by day, and eventually chose to mediate.

However, the mediation also needs to submit diverse materials, including bank flow, CD -ROM and transliteration documents of related recording, records of social insurance costs, work related chat record tasks, dating records, production inspection records, etc.Submit again, because her husband is going to work, Cui Yun is back and forth alone, and often goes up and down the stairs of the Labor Bureau several days a day.

The process is very long, and each review takes at least a month to answer.During the 7 months of pregnancy, Cui Yun received a call from the Labor Bureau at the hospital at one time.In the case, I think she is too much compensation for 30,000 yuan. "

On the day of the mediation, Cui Yun was already in the third trimester. Her boss and a male teacher who replaced Cui Yun’s post entered the mediation room together. This male teacher and Cui Yun were villagers, "a village", mediationIn the court, he drew bitterly persuaded Cui Yun: "Why make everyone so ugly?"

Finally, under the adjustment, Cui Yun received 10,000 yuan in compensation, which was one -third of her original demand.

According to the labor law contract, when the worker is pregnant, as long as there is no one of the 39th situation of the Labor Contract Law, that is, the worker’s fault is wrong.The employer is required to pay compensation.If the unit is illegally dismissed by pregnant women and must pay economic compensation, pregnant women usually need to find the Social Affairs Bureau to mediate and then carry out labor arbitration.

It is important that the law’s compensation for firing pregnant women does not have a clear standard, and the specific amount is determined through negotiation.

After a few rounds of negotiations with the company, Zhouzhou finally received 9.5 months of salary compensation.In the face of a long and complicated judicial process, she still did not choose the appeal court in the end, so that the matter ended the mediation.

The process of being dismissed by pregnancy to apply for labor arbitration is very cumbersome. The huge physical strength and energy required during this time may not be able to bear every pregnant woman.

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Lawyer Yuan Lei pointed out, "Whether you can carry out labor arbitration first depends on whether you and the employer constitute a labor relationship, so pregnant women want to find evidence to prove that there is a labor relationship between themselves and the employer and the claims advocated by the workersWelfare benefits such as wages and performance. Many companies will not sign labor contracts with workers in order to avoid the responsibility of employers, and even use private accounts to pay workers, so this proof is a long -term process. "

Normal work records have become the most precious materials for Shen Yan during this period.Pickup records, photos taken by the company, group chat, colleagues communication records, work report records, salary distribution records, etc. She was busy and submitted and supplemented, and she ran away ten times before and after one month.Her physical condition is not very good. The fetus is unstable, the aura abortion, and the blood sinus are hit. Except for daily pregnancy and pregnancy, she has to go to pregnancy every week.

When Shen Yan has been on the day of the arbitration day, it has been 5 months of pregnancy, and the arbitration continues from 2 pm to five o’clock. The arbitrator is a young woman who looks younger. As usual, she asked Shen Yan if she agreed to negotiate. She claimed that Shen Yan had a big stomach., "(She said) if I refused to negotiate to the court, I am afraid that the children will be born until the final result. And the whole process has a great impact on my emotions, and the baby in the stomach is also the baby in my stomach.Not good, after all, every time I mention it, I will inevitably be emotionally out of control. "

The entire process of dealing with arbitration matters has a great impact on the emotional of pregnant women

In the end, the company promised to compensate 35,000 yuan, the individual part of the provident fund paid nearly 5,000, and the individual’s personal part was paid by more than 5,000. These two expenses were borne by the outsourcing "Party A company".

Lawyer Yuan Lei reminded that in order to avoid risks, some companies may adopt a way to avoid being prosecuted by workers. The most common methods are: "First, they do not sign labor contracts with the workers when they are in employment.There is a labor relationship between them.

For pregnant women who win the lawsuit, in addition to compensation, she can also ask for a labor relationship.According to Article 48 of the Labor Contract Law, if the employer violates the provisions of this Law to terminate or terminate the labor contract, if the worker requires to continue to perform the labor contract, the employer shall continue to perform.

After 3 months, in May of this year, the arbitration trial, and Yaqing finally won the lawsuit.At that time, her child was born, and all three demands were supported: first, continue to perform labor contracts; second, replenish her salary from January to February; third, the company pays all her lawyers’ fees.

The company was not convinced and chose to continue appeal.And privately sent someone to communicate with Yaqing again.

This is unexpected.Strangers who come to the door try to persuade Yaqing: "You continue to fight a lawsuit, there will be records on the document network in the future, which will affect you to find a job in the future.

Ya Qing felt so angry and funny. She ignored the other party, "I just want to fight for my legitimate interests through legal channels."

Note: Except for Yuan Lei, the remaining interviewees are pseudonym

The picture parts in the text comes from visual China, and part of it comes from the Internet

Author | Chu Chu

Edit | Sumi

Capture | Wenyue

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