Female White-Collar Workers Were Dismissed During Their Probation Period.
Miss Wu, who applied for the front desk administration of an architectural design company in Shanghai, was dismissed from her pregnancy but was dismissed by the unit for fraud and violation of company rules and regulations.
A few days ago, the Jingan court ruled that the company resumed labor relations with Miss Wu and continued to perform the labor contract.
Miss Wu, now 26 years old, has studied part-time in the exhibition and Management Department of a college in Shanghai. After graduation, she signed a labor contract with a building design company. Her duty is the front desk administration, and the probation period is 6 months.
During the probation period, Miss Wu was considered to be out of employment by the company. Her academic qualifications did not conform to the "college graduates of administrative management" in her resume, and many times seriously violated the company's rules and regulations.
The matter was decided by the labor arbitration commission, and the company should resume labor relations with Miss Wu, and the company refused to appeal to the court.
The court held that in the period of pregnancy, childbirth and lactation, the female employees could not terminate their labor relationship with the exception of the fact that the female workers themselves proposed to terminate the labor relationship or the female employees constituted serious violation of discipline.
In this case, the company thought that Miss Wu provided false academic credentials, but from the evidence provided by both sides, Miss Wu really graduated from the exhibition planning and management specialty. When she filled out the information on the Internet, she was unable to complete the name of the specialty because of the limitation of modules.
Before the decision, the company did not provide evidence that Miss Wu violated the rules and regulations during the probation period and caused losses to the company.
Therefore, during the pregnancy, childbirth and lactation period of Miss Wu, the labor relations between Miss Wu and Miss Wu can not be relieved until the above-mentioned "three period" is disappearing.
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