Pregnant workers don’t need night shifts, let alone termination

2022-07-18 0 By

“Pregnant women have to work night shifts?How bad for your health!””I couldn’t understand what the company was doing.””The company isn’t for naps, it’s for pregnant women!”A pregnant woman, Xiaoyi (pseudonym), has been dismissed from her employment contract after falling asleep for several minutes during her night shift, sparking a heated debate online.The intermediate court in Zhuhai, Guangdong province, ruled that xiaoyi did not seriously violate the company’s rules and regulations, rejecting the company’s appeal and requiring the company to pay 48,146 yuan in compensation, according to jiupai news on March 28.According to law of safeguard of rights and interests of our country woman the 27th, any unit must not because be pregnant, maternity leave, lactation wait for a circumstance, reduce the salary of female worker, dismiss female worker, unilateral remove labor (employ) contract or service agreement;The labor contract Law also clearly stipulates that the employer shall not terminate the labor contract in accordance with articles 40 and 41 of the Law if the female employee is pregnant, perinatal or breast-feeding.Relevant regulations are so clear, the dispute of the dismissal of pregnant workers, how can the labor arbitration organs have been fought to the court of final appeal?It turned out that the company unilaterally terminated the contract, not because she was pregnant, but because it cited Article 39 of the Labor Contract Law for “serious violation of rules and regulations.”Pregnant worker dozes during night shift, after all whether belongs to “serious violation of rules and regulations”?The court believes that when the company unilaterally terminates the contract, it should give consideration to reasonableness and rationality.Xiaoyi’s violations were committed at night and did not seriously affect the duties of the post;Xiaoyi is in the early stage of pregnancy, which is a special physiological stage.It can be said that from the labor arbitration institutions to the people’s court, the identification of xiaoyi’s “nap” is reasonable and legitimate, fully reflecting the correct understanding and application of the principle of protecting workers’ rights and interests in accordance with the law.What is really worrying is the company’s attitude towards pregnant female employees.According to the Special Regulations on Labor Protection for Female Workers promulgated and implemented by The State Council in 2012, employers should reduce the amount of labor or arrange other suitable labor for female workers who are unable to adapt to their original work during pregnancy.But this company not only still arranges small art value night shift, still seize small mistake not to put, “decisive” unilateral termination.Here, we really can not see a bit of their own staff should be compassionate, let alone pregnant female workers special warmth and care!Therefore, this case has a positive demonstration value: it helps employers to have a real respect for the law, the real protection of workers’ rights and interests.At the same time, xiaoyi personally, although she can get certain compensation, but also lost to enjoy paid maternity leave and other due rights and interests.As a young female worker, small art because of pregnancy, production and pay the price of real visible.In order to solve this problem, in addition to correcting the phenomenon of enterprise infringement, it is more necessary to let the employers who earnestly protect their labor rights and interests get practical support from policies, taxation and other aspects.On August 20, 2021, the Standing Committee of the National People’s Congress (NPC) adopted a decision on amending the Law on Population and Family Planning. According to the revised Law, the state advocates marriage and childbirth at appropriate age and healthy childbirth and healthy childbirth, and a couple can have three children.At present, the state is gradually implementing the policy that a couple can have three children and supporting measures.It is expected that with the support of relevant supporting measures, more and more pregnant female employees will no longer have to worry about terminating their contracts, but also feel the warmth from employers.Source: Procuratorial Daily