Ms. Zhang encountered a bad thing, she finally became pregnant with twins, but was demoted and reduced by the company because she took leave to give birth. The Zhoushan Intermediate People's Court concluded the dispute and ordered the employer to pay Ms. Zhang 152,400 yuan in severance and make up the corresponding wage difference.
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Basic facts of the case
In 2009, Ms. Zhang joined a company in Zhoushan City, where she worked on a remote island, and she started from a front-line position at the grassroots level, and was appointed as the deputy general manager of a department of the company through open competition in 2018. According to the change of positions, the two parties signed a new labor contract, and the monthly salary standard is 12,700 yuan.
In May 2022, Ms. Zhang applied for sick leave in accordance with the company's procedures due to pregnancy, childbirth, etc., and provided a hospital certificate. In June of the same year, the company dismissed Ms. Zhang from the position of deputy general manager of the department, transferred to an ordinary employee, and reduced the salary standard to 4,200 yuan. In July, Ms. Zhang gave birth to twins.
Ms. Zhang argued that she had been deducted from her sick leave pay during her pregnancy and delivery, and that the company had dismissed her as deputy general manager of the department without authorization and lowered her salary standard, which violated the law.
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Thereafter, Ms. Zhang terminated the employment contract with the company and sued the court, requesting that the company be ordered to pay severance and make up the difference in wages caused by the demotion.
The court of first instance held that the employment contract signed between Ms. Zhang and the company was legal and valid, and both parties should perform according to the contract. Ms. Zhang's request for leave from the company due to her pregnancy and childbirth is in accordance with the law and is legitimate, and should be given special protection. The company was unable to prove the necessity and reasonableness of her job transfer, nor did it provide evidence to prove that Ms. Zhang was unfit for her job, and her unilateral demotion and salary reduction had harmed the legitimate rights and interests of the employee, and Ms. Zhang had the right to claim economic compensation and make up for the reduced salary while terminating the labor relationship.
Based on Ms. Zhang's years of service and her salary before and after the transfer, the court ordered the company to pay Ms. Zhang an economic compensation of RMB 152,400 and make up the difference in Ms. Zhang's salary in June and July 2022.
After the judgment was pronounced, the company appealed. After trial, the Zhoushan Intermediate People's Court held that the facts found in the judgment of the court of first instance were clear and the law was correctly applied, and ruled in accordance with law to reject the appeal and uphold the original judgment.
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What the judge said
In modern society, women are not only the mainstay of all walks of life, but also bear important social responsibilities, so the Labor Law, the Labor Contract Law, and the Law on the Protection of Women's Rights and Interests provide special protection for the legitimate rights and interests of female employees, especially during pregnancy, childbirth and lactation. When exercising the autonomy of the enterprise's employment, the employer shall follow the principle of good faith, negotiate amicably with the employees, attach importance to the protection of the legitimate rights and interests of the employees, and ensure the legality and rationality of the employment behaviors such as job transfers.
Source: Zhejiang Legal News Author: Reporter Ma Lihong Intern Lin Yuchen Correspondent: Gao Jiakan