Ms. Fang reported that she had worked for a technology Co., Ltd. in Hangzhou for more than two years and was recently dismissed. She suspected that this was related to her pregnancy.
I wanted to "fight side by side"
Company "job adjustment"?
Ms. Fang: The company’s statement is to adjust the company’s business positions and do not need this position.I told him that I was pregnant. I wanted to fight side by side with the company. I didn’t want to be layoffs, but the company did not agree.
Ms. Fang said that on April 12, 2021, she joined Hangzhou Flying Box Cross -border Technology Co., Ltd. and engaged in the post of senior financial commissioners. The main work content was financial analysis.The employment time is from April 12th to April 11, 2024, among which the probation period is 6 months, and the length of work is not more than 40 hours per week.
Ms. Fang: From the second week of employment, it is the size of the size, and then it has been required to take a single break. As of now, I have not paid the corresponding overtime compensation. Because the company’s leaders have always said that they are working with the companyThe requests of fees agree.
Ms. Fang presented a weekend overtime attendance record form for the weekend in recent months, saying that she was working on time and work on time during the work.Unexpectedly, at the end of May, she received a notice from the company’s resignation.
Ms. Fang: I think the company’s personal one is too ruthless, because when I was looking for the resignation of my talked to me at 9 am that day, and then when I was not yet out of the conference room, my company’s WeChat and door access control, all of them, all of them, all of whichIt was canceled.Then include wages without paying anything.
Ms. Fang suspected that the real reason for being fired may be related to her pregnancy.
Ms. Fang: Even if it adjusts this company, it will not be adjusted, unless the company does not do it.It is because I am pregnant, I think there may be a lot of leave in the later period, including such as a fertility allowance or something. It may not want to pay or bear the cost of this part.
Ms. Fang said that she was currently pregnant for more than 60 days, and she went to make up the hospital materials after being dismissed.She believes that the company’s termination of the contract during pregnancy is an illegal layoffs and should make compensation.In addition, the salary that has not been settled is more than 9,000 yuan.
Ms. Fang: On the other side, first help me pay the salary, and then I hope the company will give a certain amount of compensation, including the overtime salary.
Hangzhou Flying Box Cross -border Technology Co., Ltd. is located in Zhejiang University Forest Park in Xihu District, Hangzhou.Ms. Fang’s access control permissions have been canceled, but she was familiar with the door to find a reporter from another channel to find the company.
Reporter: Hello, want to ask who is the person in charge here?
Staff of Hangzhou Flying Box Cross -border Technology Co., Ltd.: Is there anything?
Reporter: Are you the person in charge?
Staff of Hangzhou Flying Box Cross -border Technology Co., Ltd.: No.
Reporter: Otherwise, find your boss.
Staff of Hangzhou Flying Box Cross -border Technology Co., Ltd.: You can find it by yourself.
In the end, the staff of the company’s personnel department came forward and took the group to the conference room.The company’s person in charge responded to the situation reported by Ms. Fang.
"Pregnancy" two sayings
Is it legal to dismiss?
Mr. Zhang, the person in charge of Hangzhou Flying Box Cross -border Technology Co., Ltd.: We are also doing business adjustments. This belongs to normal behavior in this environment, so if you say that you are already arbitration, then we have received this book.If we go according to the process.
Ms. Fang has applied for labor arbitration.The company’s head responded to the laid -offs mentioned by Ms. Fang during pregnancy.
Mr. Zhang, the person in charge of Hangzhou Flying Box Cross -border Technology Co., Ltd.: It is already out of pregnancy.Aren’t you ending on May 19?
Ms. Fang: I was during pregnancy.
Mr. Zhang, the person in charge of Hangzhou Flying Box Cross -border Technology Co., Ltd.: I don’t know.
Ms. Fang: That Pan always knows.
Mr. Zhang, the person in charge of Hangzhou Flying Box Cross -border Technology Co., Ltd.: We did not receive evidence of your pregnancy.
The person in charge of the company said that the employee was already pregnant. Ms. Fang said that she was during pregnancy. What was going on?The personnel of Hangzhou Flying Box Cross -border Technology Co., Ltd. mentioned the situation after Ms. Fang’s employment in April 2021.
Hangzhou Flying Box Cross -border Technology Co., Ltd. Personnel: At that time, the labor contract was signed, and there was a six -month trial period. Then she should have a trial period in October 2021.Then after the probation period, she told us that she was pregnant and gave her a complete maternity leave and breastfeeding leave. After returning, she also applied for fertility allowance.
Reporter: That is to say, when she was pregnant for the first time, the company -related allowance and holiday were given?
Hangzhou Flying Box Cross -border Technology Co., Ltd. Personnel: Yes.
Reporter: Is this situation true?Have you been pregnant once?
Ms. Fang: Yes.
Reporter: Are there any holidays and allowances?
Ms. Fang: Yes, but I still have to work overtime during my pregnancy.
Mr. Zhang, the person in charge of Hangzhou Flying Box Cross -border Technology Co., Ltd.: She has been born for a year after giving birth to a child. At this time, you said that we have changed from some personnel due to business adjustments.If it is this time, you are pregnant again, we have not received any proof now.
Ms. Fang: Lulu, I was during pregnancy, I said, right.
Hangzhou Flying Box Cross -border Technology Co., Ltd. Personnel: We don’t know.
Ms. Fang: Do you have a video, do I want to put it directly?I told you that I was pregnant, and you said you went to communicate with President Pan.
Ms. Fang provided a recording of conversation on May 24th, with a length of nearly 33 minutes. She said she had submitted relevant evidence to the labor arbitration department.In response to the current situation, the reporter consulted the lawyer.
Chen Songtao, a lawyer of Zhejiang Fengguo Law Firm: If it is really lifted during pregnancy, it is illegal and can be required to be compensated. A complaint recording can definitely be used as a proof. There is also a test of your pregnancy.
Reporter: So what is the compensation method for her compensation?
Chen Songtao, a lawyer of Zhejiang Fengguo Law Firm: For example, she has worked for one year for one month, and two years are 2 months and then multiply 2.
The lawyer believes that Ms. Fang’s demand for overtime pay is reasonable, as for the "business adjustment" proposed by the company.
Chen Songtao, a lawyer of Zhejiang Fengguo Law Firm: business adjustments and relief of labor are not a concept at all.Your business adjustment is just a job, right? You don’t let her go to work now. This is also called business adjustment.
The staff of the labor and personnel dispute arbitral house in Xihu District, Hangzhou City said that they have accepted the case on June 8 and will be tried in July.