Pregnancy is a special journey in every woman's life, full of expectations and challenges. However, in some cases, this process can be subject to apathy and confusion in the workplace. Ms. Xu, 29, faced such a setback in her early pregnancy, and her tenacity and courage eventually sparked a shocking legal battle.
At the beginning of 2022, after Ms. Xu became pregnant, she had frequent morning sickness, which caused her to take several time off. The first four times, she requested sick leave from the company in advance in accordance with the regulations, and it was approved. However, on the last four occasions, the company regarded her leave as absenteeism, an attitude that made her feel aggrieved.
Can I take personal leave for morning sickness?This may seem like a simple question, but it involves Ms. Xu's work and life. The company believed that morning sickness should be counted as sick leave, but Ms. Xu did not provide a sick leave slip. On the other hand, she did not take personal leave three days in advance, but took a day off on the same day. This led the company to insist on counting it as absenteeism.
The legal battle began when Ms. Xu took the company to court. Convinced that her rights had been violated, she did not hesitate to seek legal support. Her goal is not only for herself, but also for all pregnant female employees, hoping to fight for more legal rights and interests for them.
The trial was not easy, but the presiding judge, Wang Guoxia, was firm. He made it clear that the nature of sick leave and personal leave was different and that the company had misjudged the issue. Ms. Xu voluntarily took leave on personal leave, and her actions were in accordance with the provisions of the employee handbook. The judge stressed the importance of protecting the legitimate rights and interests of pregnant female workers and considered that the courts should consider the impact of such cases more broadly.
After a lengthy trial, the court finally made a ruling requiring the company to continue to perform Ms. Xu's employment contract. The ruling came a sigh of relief to Ms. Xu, but her battle was not over.
In November 2023, after the court's judgment came into effect, Ms. Xu took the company to court again, this time demanding back wages. Her husband has been with her throughout this time, supporting her persistence. The company quickly reinstated her position, but the issue of wages has not been resolved.
However, Judge Wang Guoxia intervened again, and finally the two parties reached an agreement. The defendant company agreed to compensate Ms. Xu more than 120,000 yuan, an amount that reflected the economic losses suffered by Ms. Xu as a result of the company's termination of the employment contract.
The victory in this case not only allowed Ms. Xu to restore her rights and interests, but also set an example for safeguarding the legitimate rights and interests of pregnant female employees. Judge Wang Guoxia plans to use this case as a starting point and use the big data platform to collate similar case data to better protect the rights and interests of female employees.
This story is not only a victory in a legal battle, but also a resolute defense of the rights and interests of female employees. In modern society, protecting the rights and interests of pregnant female employees should become an important social responsibility. This case is an important step towards achieving a fairer and more equal working environment, and it also encourages more women to stand up for their legitimate rights. We hope that this case will be the cornerstone of improving the rights and interests of female employees in the future, so that every woman can be treated fairly in the workplace and enjoy the respect and rights she deserves.