As the chief arbitrator finished speaking, Jiang Chen slowly stood up.

His posture was upright, and his voice was deep and powerful, resounding throughout the entire arbitration court.

"The applicant presents the following arguments regarding the key issues in dispute in this case."

"First, the respondent's unilateral job transfer and salary reduction is a serious violation of the law."

According to Article 35 of the Labor Contract Law, any changes to the content of a labor contract must be agreed upon by both the employer and the employee and must be in writing.

"In this case, the respondent issued a job transfer notice directly without consulting the applicant, forcibly transferring the applicant from an administrative specialist to a logistics and warehousing position, while reducing the base salary by 30%, which is a typical case of unilaterally and illegally changing the labor contract."

"The so-called 'enterprise autonomy in employment' claimed by the respondent is not an unrestricted and absolute right."

"The right to manage employment must be exercised within the legal framework, must not exceed the stipulations of the labor contract, and must not be used as an excuse to infringe upon the legitimate rights and interests of workers!"

His words immediately drew approval from the audience.

Everyone nodded in agreement with Jiang Chen's words.

"Secondly, this job reassignment and salary reduction is essentially a discriminatory employment practice targeting pregnant female employees."

"First of all, the recorded communication has confirmed that the applicant clearly informed the HR manager of the fact that she was pregnant and undergoing prenatal checkups before the job transfer, and the respondent's claim of 'not knowing' is completely unfounded."

"Secondly, according to Article 6 of the Special Provisions on Labor Protection for Female Employees, if a female employee is unable to adapt to her original work during pregnancy, the employer shall, based on the certificate issued by the medical institution, reduce her workload or arrange other suitable work."

"The respondent did the opposite. Knowing that the applicant was pregnant, the respondent transferred her from an easy administrative position to a warehouse position that required moving goods and standing for long periods of time, forcing her to do work that was prohibited during pregnancy. At the same time, the respondent maliciously reduced her salary, imposed strict attendance requirements, and withheld her prenatal check-up leave pay."

"Their aim is to force pregnant female employees to resign voluntarily by increasing their workload and reducing their wages, thereby evading their legal responsibilities such as maternity leave benefits and economic compensation!"

"This behavior constitutes employment discrimination, which is explicitly prohibited by law, and seriously infringes upon the legitimate rights and interests of pregnant female employees!"

Jiang Chen's words directly accused the other side of a serious offense.

Sexism!

If this kind of negative information is exposed, I'm afraid not many people will have a good impression of this company!

[Tsk tsk tsk! So this is sexism!]

[The boss is a woman, and this is still considered sexism!]

Post this on Xiaohongshu, and it'll get you all sorts of attention at work in no time!

This is my favorite episode featuring feminism!

Girls, this company is sexist! Go get them!

[No need for any calls to action, the girls came as soon as they smelled the aroma!]

"Third, the core evidence on which the respondent relied for the job transfer was forged afterward."

Jiang Chen continued speaking.

"The respondent's claim of 'reassignment due to unsatisfactory performance' is based solely on that 'Performance Appraisal Form'."

"However, the signature on the form is significantly different from the applicant's own signature. We applied for a forensic examination in court, but the respondent explicitly refused to do so."

"According to the rules of evidence, if a party holds evidence but refuses to provide it or cooperate with the appraisal without a justifiable reason, they shall bear the adverse consequences. This is sufficient to determine that the performance appraisal form was forged after the fact, and the factual basis for the job transfer is completely unfounded."

"Fourth, the respondent's common practice is to reassign pregnant female employees to force them to resign."

"The testimony of witness Li Hui has confirmed that two years ago, while she was working for the respondent, she experienced the same job transfer and salary reduction due to pregnancy, and was ultimately forced to resign."

"The same subject, the same methods, and the same result—this is no coincidence."

"This is sufficient to demonstrate that the respondent has long used this method to circumvent labor costs associated with female employees during their contraceptive period, which is egregious in nature!"

"In summary, the facts of this case are clear, the evidence is conclusive and sufficient, and the facts of the respondent's illegal job reassignment and salary reduction and discrimination against pregnant female employees are clear."

"We request the arbitration tribunal to support all of the applicant's arbitration claims in accordance with the law and to safeguard the legitimate rights and interests of pregnant female employees!"

The debate was logically rigorous and interconnected.

Every claim is based on legal provisions and evidence.

The audience members nodded in agreement.

Zhou Min sat next to Jiang Chen, her eyes slightly red, but she straightened her back.

Zhang Lanlan's expression grew increasingly grim.

How could she not see that she was slowly falling into a disadvantageous position!

"The respondent shall present his or her arguments."

Zheng Kun calmly stood up, adjusted his glasses, and tried to regain his composure.

The respondent presented the following arguments.

"First, job adjustments fall within the scope of a company's legitimate right to manage its workforce."

"The company's restructuring and personnel adjustments, including changes to some employee positions, are normal management practices for businesses operating in a market economy."

"The Labor Contract Law does not prohibit companies from adjusting employee positions. As long as the salary meets the position standards, it does not constitute an illegal change."

"The applicant's claim that job transfers must be agreed upon through negotiation is a one-sided interpretation of the law!"

[Another personnel restructuring; can't they come up with another reason?]

You know what, there really aren't any other reasons!

If we don't say it that way, then we won't have any grounds for argument at all.

[Tsk tsk tsk! I don't think he'll win this case either!]

[I can't believe it! His appearance in court is just an attempt to get revenge, isn't it? He's going to lose to Attorney Jiang again!]

How many times does he have to lose before he realizes he's no match for Attorney Jiang?

"Second, the respondent did not discriminate against pregnant female employees."

Zheng Kun continued speaking.

"When the job transfer decision was made, the applicant had not formally reported her pregnancy to the company, and the company was unaware of it."

"The applicant's so-called 'disclosure of prenatal check-ups' was merely a private communication during leave and cannot be equated with disclosing the fact of pregnancy to the company."

"Warehouse work is not a prohibited occupation during pregnancy. The job itself varies in difficulty and is not entirely physical labor. The pay reduction is due to differences in job salary standards, and is not targeted at the applicant personally!"

"Third, the performance appraisal form is legal and valid."

"The evaluation form was completed by the department head based on the applicant's daily work performance, and the procedure was compliant. The applicant's unilateral claim that the signature was forged is unfounded, lacking any valid evidence or judicial appraisal conclusion, and is therefore invalid."

"To deny the company's performance evaluation system based solely on subjective conjecture is without factual basis."

Fourth, the testimony of witness Li Hui is not admissible as a probative document.

"Li Hui resigned voluntarily, had a potential dispute with the company, and had a clear interest in the matter. Her testimony was strongly biased."

"Furthermore, the reason for his departure is unrelated to this case, and it cannot be used to presume that the company has any so-called 'usual practices'."

"In conclusion, the applicant's claims lack sufficient factual and legal basis, and we request the arbitral tribunal to dismiss all of the applicant's arbitration claims in accordance with the law!"

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