Modern Express News (Correspondent Bu Yunchao Wang Cen Reporter Chai Junhu) Employees were pregnant in the last month of the probation period. The company was unilaterally lifted the labor contract based on the sleeping time to sleep and the assessment was unilateral. As a result, it was sued to the court.Modern Express reporter learned that recently, the Suzhou Intermediate People’s Court tried the case, and the company voluntarily withdrew the lawsuit to continue to perform labor contracts with employees.
In March 2020, Xiaoqian joined a trading company as a sales and general manager assistant."I am very dedicated to entering the workplace, I often work overtime, and I think I can work in the job." According to Xiao Qian’s statement, at the end of the probation period, she was confirmed to be pregnant by the hospital for inspection.
The trading company believes that during the probation period, Xiao Qian sleeps at work time and violates the code of conduct of employees. Xiaoqian himself also signed and confirmed against discipline."Xiao Qian has serious violations of discipline, so the labor contract is unilaterally unilaterally lifted on the grounds of failure to pass the assessment."
Xiao Qian said that the employee manual does clearly clarify the punishment of going to work to sleep as a written warning, and he has received a written warning.However, she believes that this does not constitute a serious violation of corporate discipline, and she travels many times during the probation period, and the progress of various work is normal, so she sued the company to continue to perform labor contracts.
The court of first instance believes that according to the warning notification of the time, plot, and number of times, and combined with the physical condition, the company determined that Xiao Qian seriously violated the rules of employee’s rules because of a disciplinary violation.In addition, the company determined that Xiaoqian’s assessment was not qualified, and the corresponding evidence proved that the company’s termination behavior did not meet the requirements of female employees’ protection and the spirit of corporate humanities.The company did not accept appeal.
During the second instance, the Suzhou Intermediate People’s Court conducted detailed investigation and evidence for the assessment of the enterprise, and found that there were many loopholes in the management of enterprise management.
First, the duration of the trial period violates the labor law.The law clearly stipulates that if the time limit of the signing of the labor contract is more than 1 year or less, it shall not set a trial period with more than 2 months.In this case, the company signed a two -year labor contract with Xiaoqian, but set a 6 -month trial period.
Secondly, the trial period of wages are illegal.The Labor Contract Law stipulates that the probation period of the trial period is not less than the minimum grade salary of the same position in the same position or 80%of the contract.standard.
Third, the company cannot prove that Xiaoqian does not meet the hiring conditions.In accordance with the company’s sales position recruitment conditions, Xiaoqian meets the requirements in terms of professional skills or education level.In addition, the company’s irregular "Administrative Measures for Employees Trial Period", all evaluations are made by the sales executive and the company’s vice president, which reflects Xiaoqian’s good attitude.
In the end, there was no evidence that Xiao Qian was incompetent and was trained and transferred.As a new employee, Xiao Qian consciously worked overtime and the work performance is also better. It does not meet the legal conditions of the enterprise unilaterally lifted the labor contract.
After the judge of the Office of the Office of the company’s management and interpretation, the company’s main person in charge acknowledged that he was too concerned about the short -term benefits of the company.Under the education of the court, he expressed his willingness to arrange Xiaoqian to work reasonably, continue to perform the labor contract, and finally withdraw the appeal.(The name of the character in the text)
