Hidden Marriage Workers Were Dismissed From The Court, And The Court Decided To Compensate The Women Workers.

< p > < strong > "unmarried" female workers' pregnancy < /strong > < /p >.

< p > < strong > by company < a href= "//www.sjfzxm.com/news/index_c.asp" > dismiss < /a > /strong > /p >

< p > 2012, when Wang was 27 years old, he applied for a position as a budget officer in a company in Hainan. The contract period between the two sides was from April 16, 2012 to April 15, 2014, and the probation period was 2 months.

It is stipulated in the contract that the wage distribution method combining basic salary and performance salary shall be implemented, and the performance salary shall be assessed at the end of the year.

After finishing his duties, Wang Rou received an average salary of nearly 5000 yuan per month.

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< p > before Wang Rou joined the company, the company handed out the application form, and Wang Rou filled in the column of marital status at the time. After entering the office, the company asked Wang Lung to fill out the employee registration form.

Wang Rou's status as "unmarried" in the company lasted until November 2012. The company discovered that Wang was pregnant and married as early as July 2011.

In January 2013, the company officially dismissed Wang rou.

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< p > < strong > the court of first instance ruled that the company's compensation for female employees was < /strong > < /p >.

Wang P, who was dismissed by the company, applied for labor arbitration to the Provincial Labor Arbitration Commission, which required the company to pay the economic compensation and arrears of merit pay for illegal labor contracts, and the total economic losses amounted to nearly 100 thousand yuan.

In September 2013, the Provincial Labor Arbitration Commission ruled that the company paid 9569.8 yuan to the economic compensation and 4489.05 yuan of merit pay to Wang rou.

The company refused to accept the verdict, and moved Wang's court to the court.

The company said that if Wang Rou worked in the company until the end of the year, she could receive a performance salary of 4489.05 yuan, but because she concealed the facts of marriage and had fraudulent conduct, she should not receive the performance pay at the end of the year.

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< p > the court of first instance court Meilan court held that when Wang Rong applied for employment, the two sides did not stipulate the conditions of being unmarried. Wang Rou's concealment of married facts was improper, but it could not constitute fraud.

During the duration of the labor relations, the company knew that Wang Rou still broke the labor relationship during the pregnancy and violated the labor contract law. He should pay the economic compensation.

In addition, Wang Rou's wage structure is composed of basic wages and performance wages, and the performance pay after the end of the year is part of the remuneration, which the company should pay.

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< p > < strong > the company calls the female a href= "//www.sjfzxm.com/news/index_c.asp" > employee < /a > fraud and appeal again < /strong > /p >

< p > the company appealed against the first instance and appealed to the Haikou intermediate people's court.

According to the company, Wang Rou deliberately concealed and offered false information on marital status to the company in order to achieve the goal of successful entry. He violated the labor contract law and was void. The labor contract signed with Wang Rong according to the law was in accordance with the legal provisions and legal procedures.

At the same time, according to the regulations of the company, the unified performance pay will be issued at the end of the year. When Wang Rou left the office, the company should not pay Wang's merit pay until the end of the year.

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< p > Wang Fu argued that the company did not stipulate "unmarried" entry requirements when entering the company. If the company really took "unmarried" as entry requirements, it violated the law and was invalid. The contract between the company itself and the company apparently did not violate the labor contract law.

The court of second instance held that the termination of labor contract between Wang and the company was based on the fact that it was not competent for the job after the pregnancy, rather than on the grounds of its concealment of marital status, and that the marital status was personal information.

During the period of Wang's pregnancy, the company broke the labor contract, violating the prohibition of the law, which is an illegal labor contract and should pay the economic compensation for breaking the labor contract illegally.

The second instance upheld the judgment of the first instance.

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< p > < strong > in case statement < /strong > < /p >.

< p > < strong > hidden marriage is not relieved < /strong > < /p >.

< p > < strong > a href= < //www.sjfzxm.com/news/index_c.asp > labor relations < /a > legal reasons < /strong > /p >

Chen Jian, lawyer of Hainan Sunshine Island law firm, said that China's constitution stipulates freedom of marriage. In real life, some employers are reluctant to recruit unmarried women, or married women who do not have children, because the employers are worried about paying full wages for maternity leave for female employees, resulting in many hidden marriages in the workplace.

The employer can not terminate the labor relationship by hiding the marriage with the workers. Hidden marriage does not violate the provisions of the labor law. If the employer uses the implicit marriage as the reason for terminating the labor contract relationship, it has to pay the illegal cost for violating the legitimate rights and interests of the laborers.

In addition, the twenty-third articles of the law on the protection of women's rights and interests and the twenty-seventh articles of the Employment Promotion Law stipulate that the conditions of "unmarried women" set by employers are illegal.

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