Why Do You Resign During The Lactation Period For Personal Reasons?

Tian a department worker, began maternity leave in January 5, 2015.

After the expiration of the maternity leave, because both parents could not help to look after the children, Tian filed a request for leave to take care of the child. After being refused, Tian submitted a resignation report.

After that, he submitted an application to the local labor and personnel dispute arbitration committee for payment of the economic compensation for the rescission of the labor contract.

Tian believes that our country

The laws and regulations shall give special protection to the female workers in the three period, and the employing units shall not terminate the labor contracts of the women workers in the three period at will.

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The twenty-seventh provision of the law on the protection of the rights and interests of women stipulates that no unit shall reduce the wages of female workers for the reasons of marriage, pregnancy, maternity leave, breastfeeding, etc., and dismiss female workers, unilaterally dissolve the labor contract.

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However, except for the termination of labor (employment) contract or service agreement, the female employees are required to terminate the contract.

Tian filed a resignation for personal reasons, which did not belong to the unit to terminate the labor contract, and did not comply with the economic compensation situation stipulated in the labor contract law.

The Arbitration Commission held that the labor laws and regulations of China have special protection for the female workers in the three period. The labor contract law stipulates that the employer shall not terminate the labor contract in accordance with the provisions of the fortieth and forty-first articles of the law, and stipulates explicitly that, if the female worker is in the three stage, the labor contract shall expire, and the labor contract shall be postponed until the corresponding circumstances disappear.

These stipulations indicate that the employer shall not terminate or terminate the three stage labor contract for female workers at will.

Although the law stipulates that the unit shall not terminate and terminate the labor contract violating regulations, it does not prohibit the resignation of the female employees during the lactation period due to personal reasons such as child care.

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Recently, the union of Snake Hill Town in Shuangfeng successfully resolved a dispute about compensation for work-related injuries.

Xie Mou is an employee of Jigong Mountain coal mine in serpentine mountain town of Shuangfeng county. According to the regulations of the state on closure and exit of small coal mines, Jigong Mountain coal mine was closed in December 2014.

After the coal mine closed, Xie Mou stayed at home for more than a month, suddenly felt sick. When he went to the hospital for examination, he went to the CDC for medical advice according to his career proposals.

In February 11th this year, Xie was identified as the three phase of coal pneumoconiosis by Loudi CDC.

Because he was worried that the coal mine had been closed without reasonable compensation, Xie Mou applied for mediation to the union of Snake Hill Town Trade Unions.

After the case was accepted by the union of Snake Hill Town, the investigation was carried out. From Xie and mine side mediators, Xie had worked in the mine from 1992 to December 2014 before the closure of the mine. He was a coal mine digger in the underground mine.

After being identified as the three phase of coal worker's pneumoconiosis, Xie Mou has not yet done the disability identification of labor capacity. Because he needed money to cure the disease, Xie Mou had already looked for the coal mine, and the mine side agreed to compensate, but the two sides did not reach an agreement on the specific amount of the compensation and the way of payment.

After understanding the specific circumstances, the town union found the head of the mine to communicate with each other. The mine side said that although the compensation for the coal mine closure had not yet been paid in place, the mine was now facing difficulties, but the mine side still expressed its willingness to actively cooperate with the mediation, and discussed the matter of compensation with the town union.

After the preliminary mediation intention was reached, the town trade union organizations formally mediated the two sides.

In the mediation, Xie Mou hoped that the coal mine could pay all the compensation at once. The compensation for the industrial injury insurance bureau was partly owned by the coal mine. But the mine side said that according to the provisions of the occupational disease prevention law and the industrial injury insurance Ordinance, the employer should only take the items of hospitalization allowance, stop pay, and one-time employment subsidy, and other parts should be paid by the industrial injury insurance fund, and the mine side has no obligation to pay the money.

After repeated coordination between the township unions, the two sides finally reached a conciliation agreement. The coal mine pays the compensation payable by the coal mine to assist Xie to obtain corresponding compensation from the industrial injury insurance bureau, including assisting in the identification of labor capacity and providing relevant evidence when applying for compensation.