After pregnancy, the long -distance business trip was fired by the company with "absenteeism"
Court: The company’s dismissal is illegal and the company compensates for 10,000 yuan to compensate for salary of 80,000 yuan
She was pregnant shortly after her employment, and the female employee was difficult to be in the company. She was even arranged to take an ordinary train to Xinjiang on a business trip.After Gu showed that it was not suitable for long -distance business trips, the company relieved the labor relationship on the grounds of absenteeism.A trial company of Tianhe District Court illegally lifted the contract, compensated 10,000 yuan, and paid the salary loss of more than 80,000 yuan during the pregnancy, yield, and lactation due to its illegal acts.The original judgment of the second instance of Guangzhou Central Court.
Gu Mou joined a cosmetic beauty industry company in Guangzhou in October 2015. He found that he was pregnant at the end of February 2016, and later informed the company.The company believes that Gu had pregnant shortly after joining the job, and was dissatisfied with this. After that, in order to let Gu for leaving, it was difficult for Gu.
The company first had a certificate of pregnancy diagnosis in Gumou, and believed that the hospital was not qualified to qualify. It requested that the Trina Hospital must be proved. It also arranged Gumou to massage the company’s gatekeeper.
In the end, it was arranged to go to Xinjiang on a business trip, and only arranged Gu Mou to take an ordinary train.In the case of Gu Mou’s physical condition that he was not suitable for traveling to Xinjiang, the company relieved the labor relationship between the two parties on the grounds of absenteeism.Gu Mou filed a lawsuit in the court.
Court: Arrange long -distance differences that violate the "Special Regulations for Labor Protection of Women’s Workers"
The Tianhe District Court determined that based on the medical records submitted by Gu, evidence of the company’s human resources department’s response to disciplinary warnings, etc., it was enough to show that Gu had confirmed pregnancy at the end of February 2016.The diagnosis of pregnancy has proved that at least in early March 2016, the company already knew that Gu was pregnant.In addition, diagnosis is not necessarily required to be diagnosed in the three hospitals, and normal medical institutions can diagnose.
In addition, the reason for the dismissal issued by the company’s removal notice is that Gu had absenteeism and failed to take an ordinary train to Xinjiang on a business trip in accordance with the company’s requirements.The company and the company still arranged Gu Mou to take a normal train to Xinjiang, which is thousands of kilometers apart, obviously violated the provisions of the "Special Regulations for the Protection of Women’s Workers".The company advocates that there are other absences in Gu, but there is no evidence that the court does not accept it.
In accordance with the provisions of Article 42 (4) of the Labor Contract Law of the People’s Republic of China, if the female employee during pregnancy, output, and lactation, the employer cannot be determined.Obtical lift, the company needs to pay 10,000 yuan in compensation of Gu in the illegal termination of the labor contract, and pay more than 80,000 yuan in the loss of wages during pregnancy, yield, and lactation due to its illegal relief, whichEssenceThe defendant’s company did not accept the appeal to the Guangzhou Intermediate People’s Court, and the second instance maintained the original sentence.
Source: Guangzhou Daily
