Guangdong First Equal Employment Dispute Disputes: Winning the employee by the employees of pregnancy, obtained apology and compensation

Surging news reporter Chen Xuhou intern Shi Ke Shi Ke

"Because our staff failed to communicate correctly on the issue of dealing with your labor contract relationship, it was not necessary to consider it, which brought you unnecessary trouble. We were deeply sorry for this., Essence, I sincerely apologize to you, I hope you forgive. "

Ms. Fan (pseudonym) received the "Apologies".Interviewee confession

On April 11, Ms. Fan (pseudonym), who had been defended for three years due to pregnancy, received the above -mentioned "Apologies" by former employer Zhuhai Yingli Property Management Co., Ltd. (hereinafter referred to as "Yingli Property").On April 21, Ms. Fan led the company’s compensation for the salary loss and spiritual comfort during pregnancy.

The case was called the first case of equal employment rights in Guangdong.On January 5, 2019, Ms. Fan, 41, joined Yingli Property and served as a property management monitor of Zhuhai No. 1 Middle School.On February 21 of the same year, Ms. Fan found that she was pregnant and told the company manager Du.That afternoon, Ms. Fan was told that she would not go to work anymore.Soon, Ms. Fan missed.

After that, Ms. Fan applied for labor dispute arbitration.In July 2019, the two sides reached a mediation agreement on labor disputes, and Yingli Property paid Ms. Fan to mediate 6,000 yuan.

At the same time, Ms. Fan believes that the company learned that she was fired after she was pregnant, causing her to lose the loss and mental damage. She used the "equal employment dispute" as the case to sue Yingli property to the court.In October 2019, in the first instance of the Xiangzhou District Court of Zhuhai City, Yingli Property should apologize to Ms. Fan in writing, and compensate Ms. Fan for compensation for the loss of 264 yuan during pregnancy, 1,875 yuan for non -maternity leave wages, and 10,000 yuan of mental damage.

Yingli Property refused to accept the first trial judgment and appealed.

On April 26, 2022, Ms. Fan’s commissioned lawyer Ding Yaqing told Peng Mei NewsDecision execution.

Women’s employment was fired by the company for 45 days due to pregnancy

At 8 o’clock on February 20, 2019, Ms. Fan, 41, found that she was pregnant at her home pregnancy test stick.She felt uncomfortable and was going to go to the hospital for treatment, so she asked the company manager Du Mou to leave. Du did not have a leave.On the afternoon, Ms. Fan received a call from the squad leader and informed that she would not return to the company to work.

At this time, Ms. Fan had just joined for 45 days.On January 5, 2019, Ms. Fan joined Yingli Property and served as a property management monitor of the Affiliated Experimental School of Zhuhai No. 1 Middle School. The monthly salary was 3750 yuan. The two parties did not sign a written labor contract.Yingli Property claims that 3 days are "trials", and the probation period is 1 to 3 months.

On February 21, 2019, Yingli Property refused Ms. Fan to enter the workplace.On February 23 of the same year, Ms. Fan mailed to Yingli Property to "Requires to Continue to Perform Labor Relations Notice", and the other party did not respond after signing.

On March 13 of the same year, Ms. Fan applied for labor dispute arbitration from the labor dispute arbitration of Zhuhai City. The arbitration request was: Yingli Property paid it from January 5th to 31st, 2019, 1829 yuan, overtime 345 yuan, 2019From February 1st to 19th, the overtime fee was 389 yuan, and the wages of twice the number of written labor contracts were 2,586 yuan without signing a written labor contract.In July of the same year, the two sides reached a mediation agreement, and Yingli Property paid 6,000 yuan to Ms. Fan.

During the application for labor dispute arbitration, Ms. Fan had a miscarriage on March 30, 2019.After that, Zhuhai Shangchong Hospital issued the "Diagnosis of Diseases" for Ms. Fan as "completely aborted".

The company argued that the reason for dismissal was often late and leave early

Ms. Fan believes that after learning that she is pregnant, she is not based on job needs, and has no reason to dismiss her. She seriously violates her equal employment rights, leading to her mental depression, insomnia, and depression.Mental damage.The behavior of Yingli Property violates the regulations of citizens’ equal employment rights and women’s special protection during menstruation, pregnancy, yielding, and lactation during their laws.

Ms. Fan then sued Yingli Property and asked Yingli Property to compensate her with a salary and economy loss of 4,784 yuan during pregnancy.Gold 30,000 yuan and apologized to him publicly.

Public reports show that equal employment disputes are a new type of civil cases in the Supreme People’s Court in December 2018 and officially implemented from January 1, 2019.After the new case is implemented, workers who have suffered employment discrimination may directly sue to the court without arbitration procedures.The new case of equal employment rights is the first judicial practice in Guangdong Province, so it is called the first case of Equal Employment rights in Guangdong by the media.

In this regard, Yingli Property argues that this case is a labor dispute because the Yingli property and the termination of labor relations are not a dispute over personality (equal employment rights).Earlier, Ms. Fan had applied for labor dispute arbitration, and disputes between the two sides belonged to labor disputes.Then, the reason why Yingli Property and Ms. Fan lift the labor relationship are not Ms. Fan’s pregnancy, but that they often come and leave early during the probation period, seriously violate the company’s rules and regulations, and do not meet the hiring conditions.Ms. Fan also verbally put forward the intention of resignation.

The Court of Xiangzhou District of Zhuhai City found out that on January 14, 2019, Ms. Fan proposed resignation. During the Spring Festival at the time, people were nervous and Yingli Property did not agree.In February 2019, Ms. Fan was late 13 times, and 10 of them were within half an hour.Ms. Fan said that when she was late, she was acquiescence of the company manager. The family was far from the work place. The company has always been acquiescence at the time of lateness and has never paid a salary.

Three years after the litigation "saw", Yingli Property compensated and apologized

The surging news noticed that the focus of the controversy in this case is whether the dispute caused by pregnancy is a dispute between personality (equal employment) disputes.

The first instance of the Xiangzhou District Court of Zhuhai City believes that Ms. Fan advocates that her equal employment rights have been violated by Yingli property, claiming the damage compensation, and the arbitration request proposed by her application for labor dispute arbitration.Disputes shall not be adopted for the reasons for the pre -arbitral pre -defense.Although Ms. Fan had a late behavior and resigned before pregnancy, Yingli Property did not agree to resign and did not punish her late behavior.It is pregnant.

The Xiangzhou District Court believes that the scope of equal employment rights should include two aspects. One is the right to be hired equally during the recruitment process, and the other is that the rights of workers are treated equally during the performance of labor contracts.Although in this case, although not discriminatedly treated at the time of employment, Yingli Property fired it due to pregnancy during the performance of the labor contract, which caused it to lose the job that had been obtained.Treatment still constitutes an infringement of its equal employment rights.

In October 2019, the Xiangzhou District Court made a first -instance judgment on the case: Yingli Property made a written apology to Ms. Fan, compensating Ms. Fan’s salary loss of 2064 yuan during pregnancy, 1,875 yuan for unpaid mission leave wages, and 10,000 yuan in mental damage.Dedicated Ms. Fan’s other litigation requests.

After the first trial was pronounced, Yingli Property appealed.Ms. Fan’s commissioned lawyer Ding Yaqing told Peng Mei News that since then, the case has experienced more than two years of "tap".Recently, Yingli Property chose to withdraw an appeal. The case was implemented according to the first trial.

Ding Yaqing revealed that in the second instance, the controversy of whether the case belonged to the "equal employment rights" has always existed, and the court of second instance also asked for instructions to the superior court for this.A number of law experts also submitted expert opinions to the second instance court to demonstrate that pregnancy discrimination is employment discrimination, not simple labor disputes.In the meantime, the judge has organized mediation many times.However, if the two sides agree with reconciliation, Yingli Property will not make a written apology again, and Ms. Fan insists on asking for apology, so she fails to reach an agreement.

Editor in charge: Cui Yan Picture Editor: Hu Mengzheng

School pair: Ding Xiao

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