Pregnant woman fired for dozing off on night shiftSued to the court to recover…

2022-06-04 0 By

The female employee who worked for seven years was suddenly transferred to the post during the late night work accidentally doze off unexpectedly by the company!In August 2012, xiaoyi (pseudonym), a female employee, signed a one-year labor contract with a company.After the expiration of the contract, the two sides renewed the labor contract twice, on July 27, 2018, the expiration of the contract, Xiaoyi continued to work in the company.From April to May 2019, xiaoyi’s working hours will be adjusted to three shifts under the company’s personnel adjustment.In June 2019, xiaoyi was fired by the company for falling asleep on night shift after working for seven years and refused to pay compensation.Xiaoyi fell asleep for six minutes, eight minutes, 28 minutes and six minutes at dawn on four days in June, seriously violating the company’s rules and regulations, the company said.Xiaoyi said: “I have never been on night duty for a long time, the company arranged its night duty is deliberately, combined with their doze time happened at around 4 to 5 o ‘clock in the morning and the time is short, doze is really normal physiological needs.The company had previously arranged for a number of older employees to work the night shift, and dismissed them for sleeping during the shift.The company dismissed a number of male old employees, in neither and small art for any negotiation, also did not understand the physical condition of the small art, began to arrange small art night shift, then to small art work sleep as an excuse, malicious termination of the labor contract with small art.Small art then filed a labor arbitration the arbitral award the company illegal discharge the labor contract to pay compensation to zhuhai xiangzhou district has injected 48146 yuan company refuses to accept a people’s court court ruled that the company conduct illegal termination shall pay damages, the company will appeal the decision to continue to appeal to the zhuhai municipal intermediate people’s court after the court trial court decisions thatThe focus of this case is whether the company should pay xiaoyi compensation for illegally terminating the labor contract.According to the surveillance video disc provided by the company, although Xiaoyi did fall asleep in the parking booth when he was on duty at night, the violation occurred at night when there were few vehicles in and out, which did not affect his job responsibilities and did not seriously affect the normal production and management order of the company;And considering xiaoyi is in the early stage of pregnancy, a special physiological stage, the above behavior has its physical objective reasons.The unilateral termination of the labor contract by the company according to the rules and regulations is not reasonable and is illegal termination.In summary, the court found that Xiaoyi did not constitute a serious violation of discipline, rejected the company’s appeal, and maintained the original judgment.Xiaoyi has been working in the company for 7 years, and the average salary for 12 months before she leaves the company is 3439 yuan. The company should pay 48146 yuan as compensation to Xiaoyi.D1, what are the legal rights and interests of female employees during pregnancy?According to the Special Regulations on Labor Protection for Female Workers issued by The State Council, if a female worker cannot adapt to the original work during pregnancy, the employer shall reduce the amount of work or arrange other suitable work according to the certificate of the medical institution.Be pregnant to the female worker of 7 months above, unit of choose and employ persons must not prolong working time or arrange night shift to work, ought to arrange certain rest time inside working time.In addition, unit of choose and employ persons must not be pregnant because female worker, bear, lactation and reduce its salary, give dismiss, its remove labor or employ a contract.2. How to protect your rights if you are dismissed during pregnancy?If a pregnant woman is illegally dismissed by the company, she may complain to the trade union or labor administrative department, or apply for arbitration or file a lawsuit according to law.According to the Labor Contract Law, a female employee’s labor contract that expires during pregnancy must be renewed (not renewed) until the end of the lactation period, and the company must pay certain compensation if it terminates the labor contract.Law links, “labor contract law” article 42 of the laborer in any of the following circumstances, the employing unit shall not according to the provisions of article 40 of this law, the provisions of article 41 remove labor contract: (a) the laborers engaged in the occupational-disease-inductive homework without a pre-departure occupational health examination, or suspected in the diagnosis of occupational disease patients or medical observation;(2) those who are confirmed to have lost or partially lost their ability to work due to occupational disease or work-related injury in the unit;(3) within the prescribed period of medical treatment for illness or non-work-related injury;(4) female workers are in pregnancy, childbirth or lactation;(5) Those who have worked continuously for more than 15 years and are less than five years from the statutory retirement age;(6) Other circumstances stipulated by laws and administrative regulations.>>> Netizens have commented on the company’s “accurate timing” and some netizens said that the company’s behavior is “too cold” to this, what is your opinion?Come and chat in the comments section!Disclaimer: Some of the graphic information on the website is reprinted in the network, has indicated the source and author, if there is infringement, contact will delete.