Pregnancy pregnant workers were laid off were in the first instance against Hewlett-Packard

Dismissed because of pregnancy, Hewlett-Packard employees, Ms. ancestral China Hewlett-Packard Co. reported on the Court, request to terminate the contract month in wages and the economy nearly 200,000 yuan compensation. The morning news from the Chaoyang Court heard that the Hewlett-Packard court said that because Ms. Huai Zu is the second child, she did not inform the unit of their own pregnancy, but repeatedly leave and no reason for absenteeism. The hospital by the Chaoyang Court of First Instance rejected the claim of Ms. ancestors.

Female workers:

Pregnancy for financial compensation for retrenched

According to Ms. ancestors that are older during pregnancy, high-risk maternal, May 29 last year, before her birth month, when Hewlett-Packard to apply to the rest, but refused to Hewlett-Packard Company, and many times she could not go to work in the case of forced to work under her. June 28 last year, her production in Canada, returned after 25 June that the company has labor contracts with her.

Ms. Zu filed after the labor arbitration, the results of HP's award to her in June 2008 to pay the wages of 2 million yuan. A result of appeals against the results, Ms. ancestors went to Court for an order to pay in addition to Hewlett-Packard Company in June 2008 her wages, labor contracts and pay the economic compensation for 17.9 million yuan.

Hewlett-Packard Company:

Pregnancy did not belong to absenteeism

Hewlett-Packard has said that since Ms. progenitor April 7 last year, has been closed in the state of annual leave and sick leave. May 16 last year, the company suddenly received a fax to Ms. progenitor their company's "certificate of Beijing Fengtai Hospital diagnosis" of a diagnosis and suggestions for "Ⅰ diabetes mellitus, it is recommended two weeks break," the proof did not say their pregnancy and pregnancy, but once again approved the application for sick leave. May 29 last year, the company again received Ms. progenitor entitled "Description and application for leave," the e-mail that their wishes from June 1, 2008 to July 2008 to 31 off-no-pay leave.

According to the provisions of off-no-pay leave to go through the approval of the company, as President ancestors did not submit proof of hospital-related diagnosis, so the company can not be approved, and informed her to be in June 2, 2008到岗. However, Ms. ancestors did not到岗work, nor did the situation.

In accordance with the provisions of the company, Ms. progenitor behavior has constituted a absenteeism, and absenteeism reached for three days. Therefore the basis of "Labor Contract Law," has the right to the grounds of serious violations of company rules and regulations and labor contracts progenitor President, Miss Xiang Zu at the same time there is no need to pay economic compensation.

It is reported that in May last year, family planning departments have sent a letter to President Hewlett-Packard to investigate the existence of progenitor fact be able to bounce back, but the unit said that because of their ancestors, are on vacation, they have been unable to contact the President and the ancestors. Ms. Zu court that she is indeed pregnant for the second child, but that the units should be aware of the circumstances of her pregnancy.

Court:

Not be required to pay the lawful termination compensation

After hearings, the court believes that Ms. progenitor May 29 last year to apply for leave without pay leave, Hewlett-Packard did not agree to the ancestral到岗sent to inform the President. June 6, 2008, Hewlett-Packard Company in the form of expertise to inform the ancestors Post President to go to work. Ms. ancestors without the leave of absence that is the case on its own off-the-job, not the fact that when the work has been absent from work constitute.

Under the "Labor Contract Law" serious violations of workers in the 39th article of the rules and regulations of the employer, the employer may discharge the labor contract.

Hewlett-Packard Company, therefore the lifting of her ancestors there is anything wrong with the relationship between the labor contract, and in such cases there is no need to pay economic compensation.

At the same time, due to Ms. ancestors in June 2008 after the company failed to provide normal labor, and leave to apply for leave without pay has not received the approval of Hewlett-Packard, the Hewlett-Packard Company shall not be Miss Xiang Zu pay remuneration for the period. It is reported that Ms. ancestors of First Instance has lodged an appeal against sentence. (Xinhua correspondent Zhang Lei WANG Li-ying)

2009-07-07