I found that I was pregnant after leaving, what should I do?

There is such a situation in practice. When I leave, I do n’t know if I am pregnant during the labor contract period. After I leave, I know that this situation can be required to revoke or terminate the decision?Can I ask to go back to work?

Note: This case only describes the content related to the theme, and other contents are omitted.

Case Introduction

On July 1, 2010, Liu entered a company in Nanjing for quality inspection.

On March 30, 2018, Liu and the company signed a negotiation agreement to terminate the labor contract agreement, stipulating that the labor contract between the two parties was canceled on April 1, 2018, and the company paid Liu Mou’s economic compensation 50,000 yuan.

On April 14, 2018, Liu went to the hospital for examination and found that he had been pregnant for 6 weeks, that is, he was pregnant when he was united with the company.After that, Liu asked to go back to work, and the company disagreed.

On April 25, 2018, Liu filed an arbitration with the Labor Dispute Arbitration Commission, which required to revoke the negotiations signed by the two parties to unanimously relieve the labor contract agreement and continue to fulfill the labor contract.The Arbitration Commission did not make a ruling within the statutory period, and Liu filed a lawsuit with the court.

The court believes

Although Liu signed a agreement with the company with the company without knowing her pregnancy, it did not actually affect Liu’s understanding and judgment of the nature of the behavior of the labor contract, and it would not cause mistakes to know each other’s parties.Its signing of the lifting of the labor contract agreement does not constitute a major misunderstanding, and the court does not support Liu’s lawsuit.

First, after leaving, it is found that the agreement reached or terminated by the two parties is valid?

Article 26 of the Labor Contract Law stipulates that the following labor contracts are invalid or partially invalid:

(1) For fraud, coercion, or the danger of taking people, the other party enables the other party to order or change the labor contract without the real meaning;

(2) The employer exempts its statutory responsibilities and eliminates the right of workers;

(3) For the compulsory regulations of laws and administrative regulations.

The labor contract is an agreement to establish a labor relationship between the workers and the employer and clarify the rights and obligations of both parties.Labor and employers have reached an agreement on the termination or termination of the labor contract. The signing of relevant agreements should also be judged whether it is valid in accordance with the provisions of Article 26.

After leaving, it was found that if the agreement signed by the two parties did not have the situation stipulated in Article 26, the agreement signed by the two parties was effective.

2. After leaving, you can find that pregnancy is required to be canceled or terminated, and the labor contract can be fulfilled?

The basis for removal or termination decision is major misunderstanding.The "Labor Contract Law" has not stipulated the revocation of the labor contract. The labor contract is also a kind of contract. Basic theory can refer to the Contract Law.

Article 54 of the Contract Law stipulates that "the following contracts, one party has the right to request the people’s court or arbitration agency to change or revoke: (1)

Article 42 of the Labor Contract Law is the restriction of the employee’s labor contract during the lifting of pregnancy, birth, and lactation during the employer.(During the expiration of the medical period, the failure of the work, and the major changes in objective situations), Article 41 (economic layoffs) terminate the labor contract.

Article 45 of the Labor Contract Law is the restrictions on the termination of the "third phase" female employee labor contract for the employment of the employer at the expiration of the labor contract.

From the above regulations, it can be seen that the protection of female employees in the "third phase" reflects the restrictions on the termination or termination of the employer. After leaving, it is found that the premise that the pregnancy requirement to be revoked and continued to perform the labor contract is that the employer thinks that it is not the "third phase".The termination or termination of the employer is a major misunderstanding.

Only when the employer has a limitation of the laborers of the "third phase" female employee’s labor contract, there is a major misunderstanding of cancellation or termination decision, and continue to fulfill the labor contract.

Therefore, whether it can be relieved or terminate whether it can be lifted or terminated by major misunderstandings:

1. If in accordance with Article 36 of the Labor Contract Law (consistent negotiation), Article 37 (the workers’ active resignation), and Article 38 (forced resignation of the workers)Whether the workers were pregnant at that time had nothing to do with the right of the workers themselves to exercise the termination of the termination. It was not the employer to terminate the labor contract. The employer did not use the right to terminate and did not terminate the restrictions.Therefore, there are no issues of cancellation decision or agreement in these situations, and continue to fulfill the labor contract.

2. If the employer is relieved by Article 39 of the Labor Contract Law (incorrectly fault in the workers), there is no problem of cancellation of the labor contract.Because, according to the above description, the restrictions on the right to the termination of the employer are the cases of Article 40 and 41. If the "three -phase" female employees have the case of Article 39,limit.Therefore, whether or not they are pregnant, they will not affect the employer to terminate the labor contract according to Article 39 and the female employees of the "third phase".

3. If the employer is relieved by the employer to terminate the labor contract in accordance with Article 40 and 41 of the Labor Contract Law.Revisit the decision and continue to perform the labor contract.

4. If the labor contract is terminated at the expiration of the labor contract period, this situation will be restricted by the employer to terminate the "third phase" female employee’s labor contract. If there is a misunderstanding, the decision can be revoked and the labor contract is continued.For other statutory termination situations, the termination of the termination of the employer is not restricted, the decision of the termination cannot be revoked, and the labor contract is continued.

In summary, after leaving the office, it was found that the agreement signed by the two parties did not have the case signed by Article 26, and the agreement signed by the two parties was valid; only when the employer was lifted or terminated by the labor contract of female employees in the "third phase",Major misunderstandings have been revoked or terminated, and the labor contract continues to fulfill the labor contract.

S21 Double Breast Pump-Aurora Pink


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