Section 364 Labor Disputes(1/2)
"Because Ye Yuanyuan's comprehensive ability is still very good, I asked the human resources department to give her a labor contract in the third week after she joined the company. For formal employment, the normal process is to complete the inspection period.
After she signed, she handed it back to the Human Resources Department, and then came back to me to sign and seal it."
"During that time, I happened to go to Xuanwei to collect ham. There were a few friends there who wanted to treat me to a meal when they heard that I had been there. After going around for a while, I also wanted to relax, so I stayed for a few more days.
After I came back, there were a lot of things going on in the company, and I thought that Ye Yuanyuan was still in the probation period, so the signing and sealing of the employment contract was at the back of the queue."
Speaking of this, Fu Yuehui showed a happy expression on his face: "Thanks to me for suppressing her contract, otherwise she would be a dumb person eating Coptis chinensis and unable to tell her the pain. I later asked the personnel department to find Ye Yuanyuan and test it casually.
After a while, she admitted that she was indeed pregnant with a child."
Hu Pingtao asked: "Brother Fu, you are clearly responsible for this matter! How do you say you want my help?"
Fu Yuehui sighed: "That's it...this morning, I asked the human resources department to inform her that she doesn't have to come to work anymore."
Meng Hui felt very surprised and interrupted: "Expelled?"
Fu Yuehui spread his hands: "Why should I keep such a person? Let me make it clear first! I am not discriminating against women. I have no prejudice against female employees who are pregnant and have children during normal work. But you can't lie to me! I concealed it during the interview.
, then she said she was pregnant, and then spent most of the year doing nothing at home without getting paid... What is the difference between this and malicious fraud?"
Hu Pingtao asked: "Is this Ye Yuanyuan causing trouble for you?"
Fu Yuehui nodded: "She went to the human resources department and made a big fuss. She said that she had signed a labor contract and the company could not fire her."
Hu Pingtao thought for a while: "Since Brother Fu didn't sign and seal it, the labor contract has not come into effect. Her reason cannot be justified!"
Fu Yuehui said: "That's why I came to see you today to see if you can help me solve this problem."
Hu Pingtao smiled: "There's no need for me to step in! Even if she makes a fuss, it won't make any difference. Brother Fu, you are reasonable here, but hers is purely unreasonable."
Fu Yuehui said frankly: "Ye Yuanyuan said that if she was to be fired, she would make a big deal out of it and call a TV station reporter to come and conduct an on-site interview."
Meng Hui clicked his tongue when he heard it: "Hey! This woman is quite powerful!"
Hu Pingtao's expression gradually became serious: "If it was a normal protection of personal rights and interests, I would support it with both hands. But she just passed it like this. Strictly speaking, this falls into the category of deliberately disturbing public order."
Fu Yuehui frowned: "Xiaohu, if she really wants to cause trouble, my restaurant's business will definitely be affected. Regardless of whether we win or lose, right or wrong, once the restaurant's reputation is ruined, it will be difficult to repair it in the future. Our company happens to be within the jurisdiction of your police station.
, so...I beg you, can you help me to minimize the impact?"
Having said this, Hu Pingtao finally understood the difficulty facing Fu Yuehui.
Firing Ye Yuanyuan is just a matter of one sentence, very simple.
The problem is that Ye Yuanyuan insists on making a fuss about her pregnancy.
Not all onlookers will consider the problem from the legal and institutional aspects.
Many people vote with their feet.
Businessmen like Fu Yuehui who run companies are not favorably viewed by many people.
Being rich is a sin.
Hu Pingtao said the final word: "Let's do this! Brother Fu, you go back first and deal with it as you think. If Ye Yuanyuan really wants to cause trouble, just call me then."
…
The next day, morning.
Just after ten o'clock, I received a call from Fu Yuehui: Ye Yuanyuan is really here.
Hu Pingtao rushed to the scene with Meng Hui, went upstairs and entered the office, where he saw reporters from the TV station were also there.
Ye Yuanyuan is not tall, she should be just over 1.6 meters tall. She is wearing a loose cotton blouse, her left hand is covering her stomach, and she is very emotional.
"Why do you fire me?"
"The state has regulations that prohibit the dismissal of pregnant female employees under any pretext. Moreover, wages must be paid during the period of childbirth."
"What you are doing is illegal!"
Her logical thinking is very clear, just like a victim.
Hu Pingtao walked up to the reporters who were about to start shooting, introduced himself, and said with a smile: "Don't be too busy filming, let's figure out the situation first."
The lead host was a woman. She looked at Hu Pingtao's uniform and frowned: "We have the right to conduct interviews, please don't stop us."
Hu Pingtao explained: "I have no intention of stopping you. I just hope that you will look at the issue from a fair and just perspective."
He immediately said: "I am friends with Qiu Zhizhong from your station."
The female host's face softened slightly and she smiled: "So that's it. My name is Zhang Juan, and Qiu Zhizhong and I are in the same column group."
Hu Pingtao smiled and turned sideways, pointing at Fu Yuehui, who was standing diagonally opposite: "This is Mr. Fu. He has told me about this before. Because this area is under the jurisdiction of our office, I have responsibilities and obligations."
Process it."
Fu Yuehui invited everyone to sit down, served tea, and asked the personnel manager to take out the relevant documents and place them in front of Zhang Juan.
Zhang Juan looked at it very carefully. After understanding the situation in detail, she asked Ye Yuanyuan quite unexpectedly: "So, you were pregnant when you joined the job? And during the interview, you concealed this?"
Ye Yuanyuan avoided talking about it: "My husband's income is not high and my family is under great financial pressure. I must find a job."
Zhang Juan found this incredible. She pointed to the "Are you pregnant" column on the resume signed by Ye Yuanyuan, and then pointed to the time at the end of the page: "You filled in the word "no", right?"
Ye Yuanyuan said lightly: "This has nothing to do with the problem I want to solve. I have consulted a lawyer and they said that I have no obligation to tell the company that I am pregnant. Because this is my personal privacy, I have the right to choose to inform
Or not inform."
She emphasized: "I joined the job normally, they have hired me, and I have signed a labor contract. Why do they fire me?"
Fu Yuehui couldn't stand to listen: "You deliberately concealed the facts and deceived the company, why should I continue to use you?"
"Also, the labor contract must be signed and sealed by both parties before it can take effect. Now you only signed it unilaterally, and the company has not completed the process, so it is legal and reasonable to fire you."
Listening to both sides arguing, Zhang Juan had a general understanding of what happened.
She explained to Fu Yuehui and Ye Yuanyuan: "We are a column that focuses on people's livelihood. Now we want to restore the entire incident and film it at the same time. Are you willing to be interviewed?"
Ye Yuanyuan opened her mouth and answered without thinking: "Yes."
Fu Yuehui subconsciously turned his head and looked at Hu Pingtao, who smiled knowingly and said to Zhang Juan: "Mr. Fu means that as long as the report is fair and impartial and not biased, he is willing to cooperate."
"But before that, there is something that needs to be explained."
Hu Pingtao picked up Ye Yuanyuan's employment resume form from the table and pointed to one of the forms: "Please pay attention to the time on this. All applicants have a three-month probation period, and today is the 26th. That is to say
, Ye Yuanyuan’s joining time is less than two months.”
"According to the Labor Law, companies are not allowed to fire female employees on the grounds that they are unable to perform their positions during pregnancy, except during the probation period. Therefore, there is no legal problem with Mr. Fu's dismissal of Ye Yuanyuan."
Ye Yuanyuan jumped up when she heard this. She was angry and angry. She pointed at Hu Pingtao and shouted: "How much did he give you? Are you going to help him like this?"
"I am discussing the matter!" Hu Pingtao said seriously: "If you think there is a problem with my statement, you can apply for legal aid. In addition, I suggest that this matter is best to go through legal procedures and let relevant professional institutions intervene."
"This is not about money, but about law and morality."
It had been made very clear that he could only help Fu Yuehui so much.
…
The recorded program will be broadcast soon.
The host Zhang Juan gave a detailed description of the entire incident, and the scenes shot on the scene and the unsealed labor contract also proved everything. The face-to-face conversation between Fu Yuehui and Ye Yuanyuan, plus the testimony of the employees of the "Water Flower" restaurant
, the participation and investigation of relevant local agencies made everything clear and clear.
Compared with the past, the Internet has become a huge platform for free speech.
There are various comments on this matter.
"This woman is crazy! If she doesn't go to work and just thinks about lying at home and getting paid, how can there be such a good thing?"
"This young lady is so smart. Only a hero like her can fix the evil capitalists. This is an excellent teaching material for lying down and winning. Unfortunately, I am a man and cannot learn from it."
"It is recommended that the restaurant owner call the police and go through judicial procedures. This is no longer a labor dispute in the ordinary sense, but suspected fraud."
"Why should we discriminate against pregnant women? People have already said that she has no obligation to tell the company whether she is pregnant. I checked and found that there is nothing wrong with doing so. Since the company has hired her, she must pay her in accordance with the provisions of the Labor Law
Emoluments during her childbearing and training years.”
"You must be honest as a person, otherwise this society will be in chaos."
The discussion was not one-sided. Generally speaking, most of the comments were biased towards Fu Yuehui and gave him support and encouragement.
Ye Yuanyuan found a lawyer and filed a lawsuit in court.
She was so angry that she also hated everyone who recorded the program on the TV station. In addition to Fu Yuehui, the person responsible for the lawsuit also included Zhang Juan, the host of the people's livelihood column.
Zhang Juan made a special call to Hu Pingtao for this purpose: "I was implicated by you this time. It was really a fire at the city gate that affected Chiyu!"
Hu Pingtao held the phone and let out a hearty laugh: "This matter has nothing to do with me! It was Ye Yuanyuan who called you. I was just maintaining order at the scene and explaining the situation."
Zhang Juan complained on the phone: "I don't care, anyway, Ye Yuanyuan took me to court because of you. You have to be responsible for this."
The words sounded weird and felt very rich. The joking intention in Hu Pingtao's mind disappeared instantly and he said seriously: "You can't say that! We are just ordinary friends, and our relationship is not as close as you think.
"
"Hey! What are you thinking about?" Zhang Juan reacted immediately, feeling ashamed and angry, and stamped her feet vigorously on the other end of the phone: "I mean, as compensation, you and your police station must accept our column team
interview."
To be continued...