Therefore, Ms. Wu sued the company to court for payment of wages and liquidation of compensation. The court of first instance supported Ms. Wus claim for compensation, and the company refused to appeal. The Shanghai Second Intermediate Peoples Court accepted the case.
Ms. Wu said that on October 16, 2017, she entered a Shanghai Science and Technology Co., Ltd. to engage in copywriting work. From April 12 to April 22, 2018, she took 10 daysmarriage leave and handwritten a leave slip to the company. On April 17, Ms. Wu received a letter from her colleagues saying that the company wanted to dissolve its labor relationship with her on the grounds of absenteeism.
On April 21, Ms. Wu was diagnosed as pregnant by the hospital. At the end of April 2018, Ms. Wu applied to the labor dispute mediation department for mediation and informed the company about pregnancy. After mediation, the two sides reached an agreement on May 4: Ms. Wu continued to work.
Ms. Wu said that after the diagnosis of pregnancy, she had a cold, coupled with the unstable situation of children traveling back and forth, the hospital told her that she needed a months rest. But the company asked it to provide evidence that it had not previously worked on sick leave.
On May 5, 2018, Ms. Wu asked for leave for maternity examination. On May 8, she received a written notice of the companys termination of the labor contract. Ms. Wu believed that the company infringed on her legal rights and interests, so she brought a lawsuit to the court, demanding that the company pay 6144 yuan of salary and 35,000 yuan of compensation for illegal termination from April 1 to April 30.
In the first instance, the defendant company said that Ms. Wu did not work on April 12, 2018, but the company did not receive the leave formalities. When the companys legal representative asked other employees, she learned that Ms. Wu said she wanted to ask for marriage leave. Since then, Ms. Wu has taken sick leave, and has not provided a pre-sick leave certificate, which has constituted absenteeism. The companys termination is legal and does not agree with Ms. Wus lawsuit request.
The court of first instance held that marriage leave was the legal treatment of employees. Employees of the defendants company are aware of the plaintiffs request for marriage leave, and their legal representatives have never raised any objection to her marriage leave during Ms. Wus vacation. Therefore, they now claim that Ms. Wus absence from work from April 12 to April 22 lacks factual basis. From April 23 to May 8, the hospital issued a medical certificate recommending Ms. Wu to take a vacation. Therefore, Ms. Wu did not absent from work during the above period.
Accordingly, the first trial judged that the technology company paid Ms. Wu 7000 yuan in compensation for the illegal termination of the labor contract, and the wage difference was 1691.95 yuan. The company refused to accept the first instance decision and appealed to the Second Intermediate Court of Shanghai.
In its appeal, the company said, When she applied for the job, she promised that she would not have a boyfriend and would not talk about marriage for several years, but now she works half a year to get married and get pregnant, which is against integrity. The company proposed that in the recruitment stage, the company found that Ms. Wus age was in the marriage stage. In order to avoid the risk, she had no intention of hiring, but Ms. Wu assured that even without a boyfriend, she would not talk about marriage in a few years, so the company retained it.
However, less than half a year after working, Ms. Wu got married and became pregnant. The company believes that Ms. Wus behavior violates the principle of integrity. Upon receipt of the appeal, the undertaking officer of the Second Intermediate Court of Shanghai contacted the company for the first time and gave a legal explanation of the companys ideas.
Chief Justice Qiao Beihua said that when establishing a labor contract, workersobligation to tell the truth refers to the basic conditions directly related to the performance of the labor contract, such as educational background, work experience and so on. Individual marital and reproductive status belongs to personal privacy and is not subject to disclosure unless it is in a special industry. Recently, nine ministries, such as the Ministry of Human Resources and Social Affairs and the Ministry of Education, issued the Notice on Further Standardizing Recruitment Behavior to Promote Womens Employment, which clearly stipulates that recruitment should not ask about womens marriage and childbearing. The above reasons of the company obviously violate the relevant laws and regulations, and it is not advisable to terminate the labor contract of pregnant women workers at will.
After a detailed interpretation, the company expressed its willingness to comply with the first instance decision and withdrew its appeal request.
Source of this article: Peng Mei News Responsible Editor: Li Wan_B11284