Traditional Culture Encyclopedia - Photography and portraiture - Can people in public welfare posts terminate their labor contracts during childbirth or lactation? thank you

Can people in public welfare posts terminate their labor contracts during childbirth or lactation? thank you

China's "Labor Law" and "Labor Contract Law" clearly stipulate that the employer shall not terminate the labor contract of a female employee during pregnancy, childbirth and lactation. In addition, Article 5 of China's "Special Provisions on Labor Protection of Female Employees" stipulates: "An employer shall not reduce the salary, dismiss or terminate the labor or employment contract of a female employee because of pregnancy, childbirth and breastfeeding." Article 26 of the Law on the Protection of Women's Rights and Interests stipulates: "No unit may dismiss a female employee or unilaterally terminate the labor contract on the grounds of marriage, pregnancy, maternity leave and breastfeeding."

China's relevant laws have made detailed provisions on the protection of the rights and interests of female employees during pregnancy, childbirth and lactation to ensure the legitimate rights and interests of female employees in the third period. But can't the employer terminate the labor relationship for female employees in the third phase?

Female employees who meet the following conditions may also terminate their labor relations during pregnancy, childbirth and lactation. It is proved that it does not meet the employment conditions during the probation period; Seriously violating the rules and regulations of the employing unit; Serious dereliction of duty, graft, causing great damage to the employer; At the same time, establish labor relations with other employers, which seriously affects the completion of the work tasks of the unit, or the employer refuses to correct it; The employing unit concludes or changes a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; Being investigated for criminal responsibility according to law.

The relevant laws of our country have clearly restricted the employer from dissolving the labor relationship of female employees in the third period, but it is not impossible to dissolve the labor relationship. As long as the employer can prove that the employee has violated the company's relevant system or caused great damage, it can terminate the labor relationship with the female employee. In the third period of female employees, if the employer terminates the labor contract illegally, the female employees shall file a labor arbitration with the labor arbitration committee where the employer is located, and earnestly safeguard their legitimate rights and interests.