It was the morning of May 21, 2017. Beijing was sunny and windless. At Beijing Obstetrics and Gynecology Hospital, the doctor told her that she was pregnant. She was like a lost deer, confused.
For her 34-year-old, pregnancy was not planned. After six years of marriage, she struggled with whether Dink had children or not until an accident came.
At that time, she was the marketing director of a small start-up company in Beijing. Her department was almost responsible for the most important business of the company, and her career was developing well.
When she told the leader about her pregnancy, everything was different - jobs were replaced, jobs were moved out of the workforce, desks were cleared, wages were stopped... Life plunged to the bottom.
A long saw about pregnant discrimination, accompanied by a new life in the abdomen, swept silently toward her. Like the heroine in the movie Qiuju Lawsuit, she stubbornly wants a statement, an apology, a fair and just treatment, but she finds that the difficulty of safeguarding rights is beyond imagination. She was confused several times. Was it worthwhile to insist?
Do you want it?
Before the age of 34, Liu Yirans life went smoothly. She was born in Harbin in 1983. After graduating from university, she followed her boyfriend of the same age from her neighbouring university, BeiPiao, and entered an entrepreneurship Internet company in Beijing. After that, she traveled through three or four Internet companies to do website operation and new media work.
In 2015, the tenth year of her job, she was tired of the fixed life of nine to five and wanted to move towards the mobile internet, so she looked for a job again.
The first interview invitation came from a start-up company in Beijing, which had just been established for less than half a year. During the interview, the 32-year-old was asked about having a baby. She says she wants to be a DINK at the moment.
The idea was that when she was 11 years old, her parents separated and lived with her mother, I want a child, but Im afraid it will hurt him, so Id rather be a Dink.
Initially, considering that the company had to work six days, there were only 10 people and one person had several jobs, Liu Yiran declined. The CEO sent a message, introducing the companys advantages and future development prospects. Attracted by that sense of purpose, she joined the company on March 12, 2015, and was responsible for new media operations with a monthly salary of 15,000 yuan. Three months later, he was transferred to the head of the planning department.
In November of that year, she was re-signed to company A, her holding subsidiary, as director of public relations. In the second year, he became director of marketing, responsible for brand and other work, and his monthly salary gradually increased to 20,000.
The working hours are nine to seven, but she often works overtime till nine or ten in the evening, even in the early morning, and seldom takes a rest on Saturdays. Every month or two, when the product comes on line, it works almost every day until 4 or 5 a.m. that week. Tired, put the yoga mat on the floor for a while, wake up and continue to work.
Liu Yiran was called Lord Liu by her colleagues. She was often evaluated by the words hard work, responsible and strong woman.
The atmosphere of the company is also somewhat depressing. Some colleagues in other departments sent rainbow photos to the working group after the rain and were called to the office by the leaders to scold them. Cheng Xinyu, who has worked in this company for half a year, remembers that the new version of APP was about to go on line when he first entered the company. When he got off work, the company leader sometimes sat at the door. Nobody dared to leave, and he would be blinded if he left work on time.
Liu Yiran later found out when she was sorting out her work mailbox that after more than two yearswork, there were more than 500 mails beyond working hours, mostly in the early morning, sometimes in the early weekend.
Together with busyness, it is frequent stomachache and sleeplessness all night. Sometimes I cant sleep until five or six oclock in the morning when I open my eyes. For many moments, I feel very tired, I dont know why.
In April 2017, the company held a quarterly meeting. Almost all the important business of this year was arranged in her department. She also helps leaders share company management matters, which makes her feel the value of the whole person is affirmed and energetic.
Until the weekend of May 21, the doctor told her that she was pregnant.
She had never thought of getting pregnant before. The day before the examination, I went to drink with my friends.
Worried about the impact of work, that morning more than 9 oclock, just came out of the hospital, Liu Yiran and the CEO, Vice President of the Wechat group composed of three people said, There is a bad news, I am pregnant.
After finding out that she was pregnant, Liu Yiran quickly told the leader. All the pictures in this article are provided by the respondents.
The two women leaders are similar in age and have a good relationship. They often eat together and help each other in life.
But this time, they both reacted unexpectedly, one saying Congratulations and the other saying This is a good thing, dont you want it? She said she was still in a tangle and wanted to discuss it with her husband.
Liu Yirans husband is very happy and hopes to have a baby. She was slightly uneasy.
What am I doing then?
The second day of pregnancy was Monday. After the morning meeting, the CEO told Liu Yiran to send her to Shenzhen and Shanghai for a four-day business trip.
Since taking office, Liu Yiran has only traveled twice, one day to return, the other the next day to return, are in advance notice, with colleagues together. This time, she was alone and just pregnant for a month. She was worried about her physical condition, so the leader let her overcome.
On the second day of her business trip, she began to have a fever and held on until the last day. After returning to Beijing to take medicine, the health improved.
On May 31, the first day after she returned from her business trip, she found that the company had added a new position on the recruitment website with the same job content as herself.
Departmental interviews are no longer passed by her, but are handled directly by the Vice President. The vice president also went over her and went directly to her subordinates for meetings. Once I went to the office, all kinds of tasks came under pressure, but on that day, there were no new tasks except the previous ones.
She was so upset that she couldnt figure it out. She didnt eat at noon and cried at her desk. When the Vice President saw it, he called her to the office and said that she needed someone to share her work, considering her physical condition. During her business trip, they had already interviewed a successful person, the other party entered on July 15. Before that, the Vice President completed her part of the work.
Liu Yiran asked, What am I going to do then? The vice president said, Do whatever you can. Then you can do some assistant work. She couldnt help crying all the time.
Until June 26, she had a severe stomachache. After going to the hospital, the doctor said that she had threatened abortion and suggested that she stay at home. She emailed the companys manpower and vice president, asking for half a months sick leave and working from home. The Vice President responded by email to express his agreement.
During that half month, she was not assigned new tasks. Sales and business were left to others. She continued her previous work and wrote brand manuscripts.
Half a month later, she was still in good health. She took another half-month sick leave.
On July 19, the company announced a group meeting to adjust its organizational structure. Her department was changed into a brand marketing center and the person in charge became the new employee.
Liu Yirans desk was cleared and his work was replaced by a new colleague.
The next day, the CEOs assistant told her in a Wechat that her office supplies had been taken to the assistant office when the company adjusted its department and seats. Four days later, she was told that the companys brand promotion and other work was transferred to the new brand director.
She asked her former partners privately, and learned that the director of the new brand had contacted them, Its your side of the body, mainly internal, she is responsible for external.
Older pregnancies, coupled with severe overdraft, make her in poor health. The doctor told her that if the child did not want it, it would be very difficult to have the child in the future. He suggested that she stay in bed to keep the baby.
On July 30, she applied for another months sick leave. The vice president agreed to let her go to the company to handle the handover. She remembers walking into the office that day, when her colleagues looked at her, they stopped talking and no one said hello to her.
Get rid of me?
On August 3, Liu Yiran received an e-mail from the director of manpower, saying that he needed to provide certificates from the Third-Class A Hospital of Beijing for sick leave, including original diagnostic certificates, vacation suggestions, medical records, medical fee receipts, etc., and medical records and examination documents at the end of sick leave.
Liu Yiran received an e-mail from the head of manpower to make up for sick leave.
She had seen the doctor and did not keep the information. Some materials, such as vacation advice, the hospital said that without this, there was no way to provide it. Liu Yiran was very helpless. The vice president of sick leave had agreed before, and the director of manpower had not mentioned the matter of submitting sick leave materials.
Liu Yiran received a notice of suspension of wage email.
Five days later, she received an e-mail saying that her July salary would be suspended if she could not go through the required leave procedures.
Liu Yiran felt unfair. On August 11, she applied to the Labor and Personnel Dispute Arbitration Commission of Chaoyang District of Beijing for arbitration, hoping to return her salary and overtime pay since she entered the office.
Since then, she has made comments on social platforms such as friends circle and micro-blog, such as the company does not pay wages, forcing pregnant employees to resign. The company sent a lawyers letter accusing her of dishonesty and damaging the companys reputation.
Liu Yiran was removed from Wechat.
Soon after, her work email was closed and removed from the Work Wechat and QQ groups. She sent a message to the HR director, Did you fire me? The other party did not return her.
Liu Yiran asked the HR supervisor if he had been fired.
Former colleagues contacted her after learning about her situation and said that their previous salary was also problematic. She posted the news in her circle of friends and took out a photo of her salary slip. The company thinks she leaked employeessalaries and sued her for leaking business secrets.
She turned to the media for help, and a media platform published reports of her own wage arrears, and the company sued her for violation of the right to reputation.
Two lawsuits were filed last year, but so far no results have been reached.
This is a harder road to follow.
Liu Yiran boasts of being an atypical Northeast girl, introverted, homeless and unwilling to cause trouble, hoping to solve the problem soon. But this time she chose to fight in the most troublesome way.
Since August 11, 2017, she has submitted five labor arbitrations to Chaoyang District Arbitration Commission, three of which are sick leave wages, as well as overtime pay and maternity allowance.
At first, due to ignorance of the law, the first two months of salary application did not come down, she can not wait to apply for the middle two months of salary, and after two months to apply for the third time, leading to one decision to wait for the result of another decision, this is my blood and tears lesson.
Because most of the submitted electronic evidence is not original or notarized, the evidence is not accepted. Most of the applications for overtime pay and salary are rejected. Only the part of the salary that paid the sick leave formalities in the later period is supported. The company pays her 5664 yuan according to Beijing minimum wage standard. However, the judgment has expired and the company has not fulfilled it. She asked the judge to enforce it before the company called her.
In the arbitration award, the companys defense attorney said that she had not gone through the medical leave formalities in more than 100 days, and that the sick leave wages paid for the late completion of the formalities had been paid.
After giving birth, she applied for maternity medical expenses and maternity allowance for 143 days of maternity leave. The Social Security Bureau charged two fees to the company account, which was detained on the grounds that she did not submit the complete sick leave procedure. She had to apply for labor arbitration again to get support, so the company sent her the money.
However, the maternity allowance is based on the minimum wage in Beijing, not on her average monthly wage in the previous year, and the difference and severance compensation are still pending judgment.
I thought law was the only way out. After taking the road of law, I found that it was a harder way to go. Liu Yiran said that labor dispute arbitration requires the evidence of the applicant, but the evidence is often difficult to obtain, such as attendance, the material staff of the companys card puncher is difficult to obtain; after the closure of the work mailbox, there is no original comparison of mail; how to confirm overtime, calculate sick leave wages, etc., there is no clear legal statement.
At first, she did not know what evidence was useful and what was useless because she did not understand the law. Some important evidence, such as the original, chat records in the working group, excluded language, etc., could not be retained in time, resulting in incomplete evidence.
She recalled that when she first participated in the arbitral tribunal hearing, she submitted seven evidences, such as 358 pages of overtime email printouts, salary slips, and micro-mail chat records. The company submitted only two pieces of evidence, the attendance form and the salary slip. It made her feel hopeful to win the lawsuit.
She waited anxiously for the result. On March 25, 2018, after receiving a phone call to receive the verdict, she was excited for a night and felt that the willow is finally in the dark.
Early the next morning, she and her husband went to fetch it. The ruling said that the application was rejected because the evidence was not notarized and was not accepted. She felt a basin of cold water pouring down. Very desperate, feeling that the only way was blocked.
On the way home, neither she nor her husband spoke. When she got home, she couldnt figure it out. She cried and called the President of the trial. I said that because of this, I had no hope of surviving. The president comforted her, The arbitration result is not important. If you win, the company will appeal; if you lose, you will appeal.
But I think the result is very important. Liu Yiran said that after a long process of litigation and waiting, the results were unacceptable and she cried for a day.
She didnt know then. It was just the beginning.
Threats and stalking scared her more than waiting.
After the first trial on October 12, 2017, at the entrance of the arbitration hall, the vice president of the company told her that evidence had been preserved for her circle of friends, and that she could sue her at any time to persuade her to reconcile. Liu Yiran felt that the part I want is reasonable and refused.
Fearing harassment, she and her husband moved. People from the company went to her place to look for her, but they couldnt find her. Later, she asked her new address face to face many times, and sent her an email, Because you do not know your address, later documents, notifications can not be sent to you, all the consequences you bear.
On April 17, 2018, the two sides agreed to negotiate a settlement in a coffee shop. The company representative offered 50,000 yuan in financial compensation to withdraw all arbitration.
She and the legal adviser calculated that the total salary, overtime pay, severance compensation and so on add up to more than 500,000. The other side thought the amount was too high and said it was 98,000 yuan.
The two sides did not get together and broke up unhappy. That day, Liu Yirans husband drove her home. After they stopped in the neighborhood, they sat in the car for a while. Suddenly, she noticed a blue BMW passing in front of her, somewhat familiar. Just then, the BMW window rolled down and Liu Yiran looked at it. It was the assistant line of CEO.
She and her husband drove forward, and the other party drove away quickly. They chased for a while, but failed to catch up. They called the police. She was frightened to move again.
On October 24, 2018, at the entrance of Wangjing court of Chaoyang District Peoples Court, the CEO assistant did not deny the tracking. He said it was to keep in touch with her and have a communication channel. You need more than 500,000 yuan. We want to solve this problem. We think it is extortion, so we are in a hurry.
The companys Legal Affairs said that the amount of settlement proposed by Liu Yiran was quite large, and they felt it was unreasonable, so no agreement was reached. They have been actively communicating with Liu, but she refused to communicate. Instead, she disclosed information to the media and went to various functional departments to report, We will cooperate with (functional departments) to check and prepare for court prosecution.
Liu Yiran still remembers the scene of his departure. After giving birth in January 2018, life was stretched out and disputes with the company were delayed. She had to apply for resignation on her own initiative.
On June 14, she went to the company to handle her departure. The law said that she was absent from the company. She refused to leave her employment certificate and asked her to sign the agreement of termination of labor relations first. The agreement states that the company will no longer be charged any fees or damaged its reputation.
Liu Yiran disagreed. They said they couldnt get their departure certificates without signing them, and they couldnt take away my office supplies. She had to call the police and two policemen from Huajiadi police station came. With the help of the policemen, she took the things.
The next day, she went to Chaoyang District Labor Inspection Team to complain about the companys certificate of absence. About a month later, she received a certificate of resignation from the company.
For the above-mentioned Crowding-out and obstructive statements, the vice president of Company A denies that its not the case at all and nobody wants to go to this stage.
When Pengchan News asked to interview her, she said that the matter was too complicated and could not be explained on the phone. She had to face to face and show the evidence to the reporters. She told reporters twice that she had interviews on business trips to Shanghai, and then cancelled her trip on the grounds of busy meetings until she stopped answering the phone.
What if pregnancy is excluded?
After pregnancy, Liu Yiran was weak and needed to stay in bed to protect her baby. Her mother took care of her sick grandfather at home. Her parents-in-law was in poor health and hospitalized all the year round. Her husband had to resign to take care of her.
Previously, neither of them had saved much money, and how much did they spend? Without a source of income, life is tight: go to the vegetable farm, always think about how much the food is; encounter favorite things, dare not buy again; she even put home appliances, jewelry and other online sales.
The most embarrassing thing is that in November 2017, less than two months from the expected date of delivery, they lost their savings and had no money to prepare baby supplies for their children, so they had to borrow them from friends. She felt sad and sad, sorry for the child.
Before the arbitration results came out, she called the complaint hotline almost every day and was too anxious to sleep. Work experience and life pressure made her feel unable to sustain, many times thought of suicide.
After giving birth, she did not sit on the moon, nor did she invite her sister-in-law to take turns with her husband to take care of the children. As soon as the maternity leave is over, the husband goes to work. When she got her exit certificate, she immediately looked for a job.
In October 2018, she joined a state-owned enterprise with thousands of people and worked in brand public relations. Her salary was only half that of the previous one.
She remembered that when she first started her job, a girl in the Department was pregnant, and her colleagues took good care of her and helped her share the heavy work. When she got off work, the leader would let her go back first, which made her envious.
She remembered what happened to her after pregnancy, which was persistent oppression of body, mind and spirit.
When searching on the Internet, she found that people who asked online what to do if I was excluded from pregnancy often asked, Is there no other way out? after being advised to complain and arbitrate.
Liu Yiran understands this mood. Friends around her advised her, You cant afford to work with the company. You have to spend a lot of time and energy hiring a lawyer to do this.
At first, she also wanted to make things smaller and solve them as soon as possible. But then she was oppressed and bullied all the time, and all the fighting spirit was burned up.
Liu Yiran has not dared to tell his parents what happened to him, for fear that they would be worried. She had friends around her who were harassed, isolated and unable to bear it, so she resigned. Many people feel that they are losing money, but if everyone feels that the legal path is too tortuous, then this matter will always be stagnated in the current state.
Cheng Xinyu has similar feelings. She worked for a chain catering company. During the interview, the 29-year-old was asked if she had a boyfriend. She said yes, but she had no plans to get married in the near future.
About a month into her employment, she was found to have an ectopic pregnancy. During the hospitalization period, the company still operates microblog, and when discharged from the hospital at home, it also writes and publishes articles every day.
However, when she returned to the company after her sick leave, the leader asked her to leave on the grounds that she had not told the company about her pregnancy and delayed the companys publicity.
Abortion, dismissal, so she was hit hard, suffering from depression, feel bullied to the limit.
She applied for labor arbitration and won the lawsuit. The court ruled that the company paid her more than 10,000 yuan. The company refused to appeal and the verdict has not yet come out. She thought that if she lost, she would continue to complain, My belief is that I didnt make a mistake in this matter. I must have a result.
Why do you do this to me?
I didnt do anything wrong. Why did I do this to me? It is almost the common perplexity of women who suffer from pregnant discrimination.
Pregnancy discrimination is usually considered as a kind of sex discrimination in employment, also known as employment discrimination of women of childbearing age. It refers to employersrefusal to recruit pregnant women when they are recruited, female employees dismissal, salary reduction or attitude discrimination when they are pregnant, and their dismissal when they return to work after maternity leave.
There seems to be a natural contradiction between the reproductive rights of women in the workplace and the interests of employers. It is common in newspapers to dismiss pregnant female employees, ask them to queue up to give birth, and submit for approval for pregnancy.
HR HanPeng, who has been working for six years, said that the companys human costs for its employees are about twice its personal income. After the pregnancy of female employees, the companys employment costs increase, and many jobs are not suitable to do. When she takes maternity leave, her work needs someone to do. If she recruits another person, it will be awkward for the new recruits to arrange after the female employees return from maternity leave. Arrangement for other people to share will increase the workload of other employees.
For this reason, when enterprises recruit, they usually ask young female employees about their marital and reproductive status. Married women who have not had children will be much less competitive in job hunting.
This leads some women of childbearing age to conceal pregnancy when they look for work: conceal pregnancy or intend to conceal pregnancy.
Cheng Xinyu feels that over 30 is a very embarrassing age for women in the workplace. Without children, it will be difficult to find a job. When children return to the workplace, their previous achievements may not be there, and they will be worried about having a second child.
Sometimes, she thought, when she got a job, she said she was divorced and didnt plan to have children. Would it be easier to get into the job?
The Labor Law, the Labor Contract Law, the Law on the Protection of Womens Rights and Interests, and the Special Provisions on the Labor Protection of Female Workers clearly stipulate that female workers may not lower their basic wages or terminate their labor contracts during pregnancy, lactation and childbirth.
Han Peng said that there are some female employees who will take advantage of the protection of laws and regulations to get wages during pregnancy and childbirth and not allow social security to be cut off. They become pregnant soon after they enter the job and leave after taking maternity leave. Others intentionally take long sick leave after pregnancy.
A HR friend of his once recruited a female receptionist who gave birth to two children in three years, returned to work half a month after giving birth to a second child, and left the job, which is equivalent to three yearssalary for female employees from the enterprise for nothing. It is precisely because of this situation, enterprises will take measures to avoid this risk when recruiting, and dare not bet on the personality of this person any more.
This seems to have formed a deadlock, exacerbating barriers to gender discrimination.
On February 21, 2019, the Ministry of Human Resources and Social Affairs and other nine departments jointly issued the Notice on Further Standardizing Recruitment Behavior to Promote Womens Employment, which prohibits women from seeking employment and refusing to hire women on the grounds of gender, and may not inquire about womens marital and reproductive status, or restrict fertility as employment conditions.
Han Peng feels that this policy is not very restrictive to enterprises, which will not be stated in the recruitment information, but can be seen when screening resumes; not directly asking about marriage and childbearing, but indirectly asking, As long as this kind of thing does not appear on the stage, there is no way to supervise it very well.
When a female employee is pregnant, the employer will not directly dismiss or persuade her to quit, but may have some consideration on salary, pay less bonus, performance and other floating wages, and only pay a fixed salary. There is still room for maneuverability among them, and there is no clear circumvention clause in the Labor Law.
Some employers even turn to invisible discrimination, using various means to force pregnant female employees to resign automatically. Once a pregnant woman signs her resignation application, it is difficult to prove the cause of coercion, which makes it more difficult to defend her rights.
Want a winning verdict
On August 24, 2018, Liu Yiran filed a lawsuit in the Peoples Court of Chaoyang District, Beijing, on the grounds that the company violated the general personality rights. On November 7, the case was successfully filed.
On January 1, 2019, the Supreme Peoples Court added disputes over equal employment rights to disputes over personality rights in Provisions on the Causes of Civil Cases.
On January 28, Liu Yiran applied to change the case from general personality right to equal employment right. Acting lawyer Liu Minghui explained that general personality rights belong to tort liability law and equal employment rights belong to labor law. The companys failure to grant wages and economic compensation can not be used as evidence of infringement of general personality rights. The change of case can solve this problem later.
During a pre-trial conversation on May 15, the company submitted 18 pieces of evidence, one of which was found to be inconsistent with the original. We are still waiting for the next session.
Previously, there were cases for pregnant women to defend their rights. The first case of collective protection of pregnant womens rights in China occurred in December 2017. Two of the three female employees of China Railway Logistics Group Warehousing Management Co., Ltd. are pregnant and one is breastfeeding. First, she is demoted and her salary is lowered by the company. Then she is expelled by means of overhead, clearing office supplies and canceling the authority of fingerprint punching, etc. until she is dismissed. The three persons filed labor arbitration applications successively, and they were witnesses to each other. In the end, they all won.
Liu Minghui introduced that in the past, most cases of pregnant discrimination were labor disputes. This is the first case of pregnant discrimination prosecuted with equal employment rights, or will become the first case of domestic disputes on equal employment rights. Although the company did not dismiss Liu Yiran on the surface, in fact, she belonged to the state of being dismissed, neither position nor money.
In this case our law is flawed. She and the judge have exchanged, there are some worries, based on what to identify pregnant discrimination, employment discrimination, violation of equal employment rights. In this regard, there is no clear provision in domestic law.
In some developed countries and in Hong Kong, Macao and Taiwan, there is a presumptive dismissal system. If an employer intends to dismiss an employee from some crowding-out activities, it can be defined as presumptive dismissal. The legal liability for illegal dismissal is applicable. Employees can claim reinstatement or double economic compensation.
For this reason, she expects that this case will promote the improvement of relevant domestic laws and regulations, and add the presumptive dismissal system to the Labor Contract Law. We want a winning judgement, even if it is considered to be a gender discrimination, which violates the equal employment rights of women workers, it is meaningful.
In Liu Minghuis opinion, in such cases, most women choose to be intolerant, while Liu Yiran belongs to senior white-collar workers with strong awareness of safeguarding rights and obtaining evidence. Even so, The other company still thinks that we cant win, because the law does not specify, and did not dismiss you, what do you say?
After nearly two years of struggling for rights, Liu Yiran found that many women who had similar experiences did not know how to defend their rights, and she hoped to give them some inspiration. In the future, she wants to take an on-the-job postgraduate exam in law department to help those who meet legal difficulties.
At present, a long lawsuit is like a ditch across the front. She tried to get over it, but it was impossible. She remembers that at the beginning of the movie Qiuju Lawsuit, Qiujus husband was beaten by the head of the village. She went to the head of the village to talk about it. The head of the village threw the money on the ground and told him where you fell in love.
For many moments, she felt like an autumn chrysanthemum.
Source of this article: Peng Mei News Responsible Editor: Chengyu_NBJ11143