公司不得LAY OFF孕妇，有相关法律吗？

故乡的风

我的一位朋友，接到了单位LAY OFF通知，四周后就不用去上班了。但是同时她发现自己怀孕了。她想知道，她应该怎么办？有没有朋友熟悉加拿大相关法律的？

smart007

go to service Canada to ask

smart007

Your pregnancy rightsIf you're pregnant or thinking about becoming pregnant, one thing you'll want to think about and fully understand is what being pregnant and having a baby means in relation to your job. This is often referred to as your pregnancy (or parental) rights.

These rights encompass a wide variety of concepts, from the parental leave you're entitled to after your baby is born, to how you should be treated as a pregnant person at your job, to how you're treated after you have your baby both at work and outside of work.
! h( J( ^& P' yWhat are my rights while pregnant?Generally, you cannot be fired or demoted at your job because you are pregnant, breastfeeding, or plan to become pregnant. Even if you have not worked at your job for 52 weeks, you can still not be fired for being pregnant and your employer is still required to accommodate your needs while pregnant. You should also have full access to your earned benefits like vacation, sick leave, seniority, or overtime. Finally, your employer cannot tell you when to begin your maternity leave. As long as your health permits, you are permitted to work until your baby is born unless your employer cannot accommodate your needs. Pregnancy is a valid health reason to be away from work (for prenatal appointments or tests for example) but is not considered an "illness" or a "disability".
What if my pregnancy interferes with my job?In some cases, your pregnancy may prevent you from doing your job. If this is the case, it does not mean you cannot work. You and your employer should work together to find accommodations that allow you to continue to work. An accommodation is when an employer modifies the workplace or your day to day duties to allow you to work. Unless this causes unnecessary hardship (like excessive financial cost), your employer together with your input should make an effort to find a way for you to continue working.

Here are some examples of accommodations:
0 L  v1 N8 R4 _, n4 D2 U! [Not requiring you to carry heavy items temporarily, even if that's part of your job. Providing you with flexible hours or a quiet place for breastfeeding your baby. Allowing you time off to go to medical appointments.
Finding the right accommodation begins as a discussion between you and your employer about how to best approach the situation.
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In addition, before you even get a job, you should know that it is illegal for an employer to ask if you're pregnant, plan to become pregnant, or have a family.
  O# a4 k9 Z' `1 F  l: s* {  _. VAre these pregnancy and parental rights the same across Canada?Each Province has its own human rights code or legislation governing these rights. In principle, they are all similar in their protection of your rights. They include your leave and accommodation at work. However, because they are a little different in each province, you should check your provincial practices. For more specific information about your rights and responsibilities in your Province, visit the website of your provincial human rights commission or contact them directly. See our Province by province guide to find the right body in your province. I'm being discriminated against at work because of my pregnancy, what can I do?The majority of issues pregnant women face that violate their rights occur in the workplace. If this happens to you, you'll want to address it with your boss or supervisor, or whatever system is in place for you to make your voice heard. For example, if you're in a union, you might file a grievance since many of them have collective agreements that cover human rights protections, which include pregnancy. If the discrimination continues, you might want to consult your provincial human rights body to find out what the process is for taking an issue further. In addition, these groups often advise of how to best handle a situation. Are there any other rights outside of the workplace I should know about?While most of the issues arising from pregnancy or new parenthood occur in the workplace, there are other areas in which your rights are ensured, like housing, facilities and services.
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( `3 Q, E6 d$ ]You have a right to use services - for example, restaurants, stores and public areas such as malls and parks - without discrimination due to your pregnancy. You also have the right to rent an apartment, or sign a lease or other contract, without discrimination.
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http://www.babycenter.ca/a537568 ... anada#ixzz31Osbsbnr

马甲

你们理解错了。一般来讲，孕妇以及哺乳期新妈妈不能被开除（fire），但是可以被解雇（lay off）。

如果孕妇侍宠而骄，一样可以被开除。只要被开除的原因不明说是因为怀孕。

简单一点

楼上是指出了一个很多人有的误区，Fire和Layoff是不同的概念，法律是规定不许Fire，但没说不能layoff, 而且正如楼上所说，公司想开你，绝不会用你怀孕为由来Layoff的，那是自己跟自己过不去。
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再就是LZ贴子没说清，我的理解是事先Lz没跟单位说自己怀孕一事？如果是这样，公司Layoff更没话说了吧？

0 x" l7 i) c+ P9 ]" c( J2 h. M关注这个话题，有知道说说？

frd2004

由于违反公司规定而被开除称为fire，由于公司经营原因削减岗位或员工不符合岗位要求而被要求离职称为lay off。
公司不能因为怀孕而开除员工，但可以以各种合法理由解雇员工，包括孕妇。

穿拖鞋上油田

只要没有证据证明公司是因为你怀孕而layoff你，而是其他原因。你没有办法告他

故乡的风

谢谢楼上的各位了！看来凡事往前看吧！

老李1

Fire的话公司还能招相同职位的人，lay off的话，公司不能马上招相同职位的员工。fire员工必须是这个员工违反了公司的纪律。

lavyed2008

公司可以随便找个借口把你解雇，但不能因为你怀孕。但你可以向有关部门投诉，你怀疑你公司因你怀孕而解雇你。

lavyed2008

孕妇以及哺乳期新妈妈不能被fire，或lay off。所有决定和处理必须等员工返回公司后决定。若公司倒闭，只需要通知员工及可，员工可以拿完生产EI，哺乳EI，再拿失业EI。