The Contract Says That Women Workers Can'T Be Pregnant? Invalid

According to the relevant regulations, employers should not be female workers. Pregnant Giving birth, breastfeeding, lowering their wages, dismissing, dissolving labor contracts or hiring contracts.

Does the company stipulate that it is not lawful to pay social security? The contract stipulates that women are not allowed to conceive and give birth.

In recent years, the number of labor dispute cases accepted by Foshan arbitration department (excluding Shunde) has been on the high level. In 2011, there were 5335 cases, 5369 cases in 2012 and 5018 cases in 2013. In the first half of this year, the labor and personnel dispute arbitration institutions at all levels in Foshan had filed 2521 cases of labor and personnel disputes. Yesterday, the Foshan labor and personnel dispute arbitration court disclosed the ten most common labor disputes in recent years. Nandu selected some typical cases, hoping to help Foshan workers maintain legitimate labor rights and interests.

　 The contract expired enterprise also needs to pay the compensation.

Zhang is a private kindergarten teacher in Chancheng district. He signed a fixed term of 3 years. Labor contract After the expiration of the contract in January this year, Zhang also wanted to continue her work, but the unit informed her that she would immediately leave the office without any compensation. In February this year, Zhang applied to arbitration department for arbitration and demanded that the unit give financial compensation. The kindergarten respondent said that the contract expires belongs to both sides to terminate the labor relations normally, Zhang also does not want to continue to continue to do, does not need to give the additional economic compensation. However, in the process of arbitration, kindergartens could not provide proof of Zhang's voluntary resignation.

　 The focus of the dispute is whether the contract expired enterprises need to pay compensation?

Arbitration result: Zhang's arbitration request was supported.

Statement: according to the forty-sixth provision of the labor contract law, unless the employer maintains or improves the conditions stipulated in the contract to renew the labor contract, and if the worker does not agree to renew the contract, the employer shall pay the compensation if the employer unilaterally terminates the labor contract after the expiration of the contract. Pay the laborers according to the standard of paying one month's wages per full year. If they are less than six months or less, they will pay half a month's salary in six months.

　 There are agreed to change jobs in the contract according to law.

Lee is an accountant director of a company in Foshan. He works in the company for 12 years, and he will retire in a few years. In December last year, the company asked Li and others to report to the security department on the grounds of poor efficiency and personnel rotation. Lee could not afford to stay up late because of his old age, but repeatedly asked the company, but the company ignored it. In February this year, Li applied for arbitration, demanding the termination of the labor contract and payment of compensation.

The focus of controversy: can the jobs stipulated in the contract be changed at will?

　 Arbitration result: Li's arbitration request was supported.

Statement: according to the relevant regulations, the employer should adjust the work position of the laborers at the same time: the post adjustment is stipulated in the contract or the rules and regulations of the employing unit; the need for the employer to produce and operate; after the adjustment of the post, the wage level is basically the same as that of the original post; there is no insulting and punitive nature; there is no other violation of laws and regulations. In this case, the nature and working hours of accounting supervisor and security post are quite different, and the arbitration application of Li should be supported.

　 The two sides agreed not to pay social security actually invalid.

Wang is a staff member of a property company in the South China Sea. When he entered the office in 9 months in 2012, the company stipulates that employees are free to choose whether to buy social security. If they buy social security, they will deduct 260 yuan from their wages every month. If they do not buy social security, they will be able to send more than $100 a month without deducting their wages. Wang chose not to buy and signed an agreement to voluntarily give up the purchase of social security. In June of this year, Wang asked the company to purchase social security and pay back the social security before it was rejected by the company. In August this year, Wang applied for labor arbitration, demanding the termination of the labor contract and requiring the company to pay economic compensation.

The focus of controversy: is it effective to agree not to pay social security?

　　 Arbitration result: Wang's arbitration request was supported.

Statement: unit for employees to pay social security is a statutory obligation, can not be exempt for any reason. If the employer and the laborer agreed not to handle social security procedures or to directly pay the social security fee to the workers, the workers later regretted and explicitly asked the employer to handle the social security procedures and pay social security fees for them. If the employer refused to handle the social security costs within a reasonable time limit, the laborers should dissolve the labor contract and request the employer to pay the economic compensation, so they should be supported.

No need to pay training fees for workers to quit their jobs.

In June 2011, Yuan worked for a brand electric appliance store in Foshan. The two sides signed a 3 year labor contract, but also agreed that Yuen had to work in the shop until the expiration of the labor contract, otherwise they would have to return all the training fees. After entering the office, Yuan Mou participated in 5 training in Foshan and Guangzhou. The main contents are electrical installation skills and safety issues. In April 9th this year, Yuan Mou proposed to resign two months before the expiry of the contract. The unit agreed, but required him to take 860 yuan for training and 3900 yuan for training. Yuan Mou did not agree. The electrical appliance store applied for arbitration to the labor arbitration department.

The focus of controversy: should workers pay the penalty for vocational training?

　　 Arbitration result: the arbitration request of the unit was rejected.

Statement: according to the labor law and the labor contract law, vocational training is the legal obligation of employers. Only when workers violate the provisions of special training service period and violate the provisions of competition restrictions, can workers be required to pay damages. In this case, the electrical appliance shop arranged Yuanmou to participate mostly in 3-5 days' short-term training, which belongs to the basic vocational training in nature, not the special training stipulated in the labor contract law. Therefore, it can not be agreed that the worker shall bear the penalty for breach of contract.

　 Case 5

If the company fails to buy social security, it must bear the medical expenses of the staff.

In February 2013, Zheng worked in a company in Sanshui District. He was diagnosed as a malignant tumor in October. However, because the company did not pay social insurance premiums to zhengmou, Zheng couldn't get reimbursement for medical insurance, and paid more than 13 yuan medical expenses at his own expense. In December 2013, he asked the company to pay medical insurance premiums and bear medical expenses. The company believes that subsidies can be made as appropriate, but no obligation to bear medical expenses. Without consultation, Zheng went to arbitration department to apply for arbitration, requiring the company to bear medical expenses 100 thousand yuan according to the medical insurance reimbursement standard.

The focus of controversy is whether the company has to pay medical expenses for employees without buying social security.

　　 Arbitration result: Zheng's arbitration request was supported.

Argument: the company did not pay social insurance premiums to Zheng, violating the mandatory provisions of the law, and should be held responsible according to law. The employer does not take part in the basic medical insurance for the workers or pay the basic medical insurance fee, but the workers are eligible for the basic medical insurance treatment. They should bear the insurance medical expenses according to the basic medical insurance treatment standard.

Case 6

Agreed not to be pregnant and dismiss female workers should be compensated.

In January this year, Shimou entered a foreign trade company in the South China Sea, responsible for the sale of electronic products, and the two sides signed a two-year labor contract. The contract stipulates that Party A is not allowed to conceive during the contract period, otherwise the company has the right to terminate the labor contract without compensation. Unexpectedly, less than half a year after entering the office, Shimou discovered that he was unexpectedly pregnant. Because of serious reaction during pregnancy, Shi Shi often asked for leave to go to production inspection. In July 1st this year, the company dismissal Shimou on the grounds of a violation of the agreement. Shimou asked the company to pay 16 thousand yuan for illegal labor relations compensation.

　 Arbitration result: support for Shimou's arbitration request

Statement: according to women workers labour Special provisions for protection shall not reduce wages, dismissal, dissolve labor contracts or employ contracts for female workers who are pregnant, childbearing or lactating. Although the labor contract signed by Shimou and the company is "not allowed to conceive during the contract term", it is invalid because it violates the mandatory provisions of the law. The provisions of the company's "no pregnancy and childbearing" are actually interfering and violating the reproductive rights of female workers. The company shall pay compensation for violation of the labor contract in advance.