"Extension of the probation period" female worker is dismissed from pregnancy
News from our newspaper (reporter Qian Peijian) On April 6th, the reporter learned from Zhu Xueqin's employee legal aid studio in Putuo District, Shanghai. Not long ago, Ms. Bai, an employee of an information technology company, encountered an annoyance-to the company. On the third day after confessing to pregnancy, he was fired by the company.
On April 20, 2020, Ms. Bai joined an information technology company as a sales manager.
The two parties sign a labor contract for the period from April 20, 2020 to April 19, 2023. The contract stipulates that Ms. Bai’s probation period will end on October 19, 2020, the probation period and monthly tax after conversion. The previous salary is 13500 yuan.
Six months after joining the company, Ms. Bai, who thought she could succeed in becoming a regular employee, received a “bad news”. The company determined that her probation period performance had failed to meet the requirements and needed to extend the probation period.
On October 28, 2020, Ms. Bai signed a "Performance Improvement Plan" with the company. The plan stipulated that because Ms. Bai’s performance did not meet the requirements of the position, the performance improvement cycle was one month. If the performance improvement cycle is Still unable to meet the performance improvement goals or job requirements, the company has the right to adjust its job positions or terminate the labor relationship free of charge.
However, Ms. Bai accidentally discovered that she was pregnant.
On December 8, 2020, Ms. Bai, who was in a state of anxiety, informed the company about her pregnancy via email, and emphasized that the pregnancy was not planned, and she hoped that she could continue to work in the company.
But things backfired. Three days after confessing to the company that she was pregnant, she was fired by the company.
On December 11, the company informed her to terminate the labor relationship on December 18, 2020, on the grounds that Ms. Bai was unable to perform the duties of the company during the probation period.
After being hit one after another, Ms. Bai asked for legal aid.
She believes that her probation period has expired as early as October 19, 2020, and she is still pregnant, the company's decision to terminate the company is illegal.
Ms. Bai requested the company to resume the labor relationship between the two parties from December 18, 2020.
The company believes that Ms. Bai is still unable to meet the job requirements after "extending the probation period". Although she applied for transfer to other departments, she failed to pass the interviews of other departments. Therefore, the company terminated the labor contract of both parties and paid according to the performance improvement plan. Monetary compensation.
Can the trial period be re-arranged or extended?
Lawyer Tian Deqiang said that according to the "Labor Contract Law", the same employer and the same worker can only agree on a probation period.
Moreover, the law stipulates the duration of the probation period, which cannot exceed 6 months at the longest.
Tian Deqiang said that according to the "Labor Contract Law", if a female employee is pregnant, the employer shall not terminate the labor contract on the grounds that she is incompetent for the job, or is still incompetent after training or adjustment of the job position.
Not long ago, the case was decided by the Putuo District Labor and Personnel Dispute Arbitration Committee and supported Ms. Bai's request for the restoration of labor relations between the two parties.
Qian Peijian