Me! A disgraced celebrity! Starting by seeking justice for impoverished students.
Chapter 257 Severe Punishment Again!
"Besides, Zhenbang has been operating locally for so many years and has connections in all aspects. It's not like they can't even save face for him."
Zhang Lanlan changed the subject.
"Let's wait for the results. At worst, we'll just pay a small compensation and call it a day!"
At this point, she glanced at Zhao Juan and said irritably, "What are you still standing there for? Go outside and wait. You're annoying to look at!"
"Yes, Mr. Zhang." Zhao Juan felt as if she had been granted a pardon and quickly bowed her head and retreated.
Zheng Kun stood to the side, but he was far less optimistic than Zhang Lanlan.
The disadvantage in evidence is obvious.
He had no idea how much influence his so-called "connections" could have on the judgment criteria.
But at this moment, all we can do is follow the boss's advice and calm ourselves down first.
Meanwhile, on the other side...
The door to the arbitration committee's deliberation room was tightly closed, and the national emblem hung in the center of the white wall, creating a solemn and dignified atmosphere.
Three thick case files were spread out in the center of the long table, with copies of evidence and court transcripts scattered around.
The air conditioner gently swept across the pages, creating a soft rustling sound.
The three arbitrators sat in a circle, with the chief arbitrator, Zhang Xiuqin, sitting in the main seat, her fingertips lightly tapping the cover of the case file.
"Tell me your thoughts, how should this case be adjudicated?"
Zhang Xiuqin looked up at the two of them.
Arbitrator Li Hao spoke first, pointing to the page with his finger on the job transfer notice, his tone somewhat conservative: "Let me state my opinion first."
"In this case, there were indeed flaws in the job transfer procedure; a written change agreement was not signed with the employee."
"But Hengtong Trading is a legitimate local company, and restructuring and personnel adjustments are within the normal scope of business operations. It can't be said that they have no authority to reassign employees."
"And that performance sheet, even if the signatures don't match, at most it's just that the assessment process wasn't standardized. To directly label it as forgery is a bit much."
"In my personal opinion, it's enough to just pay the difference in wages and the withheld prenatal checkup fees; there's no need to support the severance pay for the termination of the employment contract."
"If the employee really wants to continue working, let them return to their original position and continue working. That would be a way to correct the illegal act!"
As soon as he finished speaking, arbitrator Wang Mengmeng immediately shook her head, her tone carrying a hint of disagreement.
"Old Li, you're still looking at this from the company's perspective."
"This isn't a normal job transfer! Knowing the female employee is pregnant, they transferred her from an office-based administrative position to a warehouse job, moving goods and cleaning toilets, cutting her base salary by 30%, and even deducting money from her statutory prenatal check-up leave as personal leave. This isn't a job transfer; this is blatantly forcing her to resign!"
"And the performance reports—the originals are in their hands. We've all agreed to have handwriting analysis done, but they're afraid to do it themselves. What else could this be but a guilty conscience?"
"According to the rules of evidence, if someone possesses evidence but refuses to cooperate with the expert evaluation, the opposing party's claim should be presumed to be true!"
"This kind of tactic that deliberately targets pregnant female employees is far more egregious than a simple procedural violation."
"If we don't support economic compensation, it's tantamount to encouraging companies to do this. After all, at worst, they can just pay some back wages; it doesn't cost much."
"I believe the applicant's request should be fully supported. Not only should they receive back wages and compensation, but the company's actions should also be definitively proven to constitute employment discrimination!"
The two have conflicting accounts.
One side emphasizes the autonomy of enterprises in hiring, while the other emphasizes the protection of workers' rights. Unable to determine which is better, they all ultimately look to Zhang Xiuqin, who stands in the middle.
Zhang Xiuqin pondered for a moment before slowly speaking.
"You both have valid points, but you're only taking one side."
"First and foremost, the fundamental principle must be upheld: Hengtong Company's job reassignment and salary reduction are definitely illegal."
"The Labor Contract Law clearly stipulates that any changes to a labor contract must be agreed upon through consultation and confirmed in writing. They cannot produce any consultation records, so unilateral job transfer is illegal."
"More importantly, the HR department already knew Zhou Min was pregnant before the job transfer, yet they still arranged for her to do manual labor and prolonged standing, which are prohibited during pregnancy. This violates the mandatory provisions of the Special Provisions on Labor Protection for Female Employees, and there is nothing to argue about."
"Regarding the performance appraisal form, the company refuses to cooperate with the verification process. Therefore, it is legally presumed that the appraisal form is untrue, and the factual basis for the job transfer is unfounded!"
She changed the subject, her tone becoming serious.
"But then again, it's unrealistic to simply order him to return to his original position and continue to fulfill his employment contract."
"The two sides have already gone to arbitration and have completely broken off relations. Even if Zhou Min goes back to work, the company will make things difficult for her, both openly and secretly, by restricting her attendance and assigning her heavy workloads, which a pregnant woman simply cannot handle."
"Pregnancy requires a stable environment. Forcing her to maintain a working relationship will only harm her and the fetus."
"If we really go to the point of forcibly reinstating employees to their posts, the results won't be good either."
Li Hao nodded in agreement: "That's right, even if I recover, I won't be able to work properly, it will only make things more troublesome."
"We can't just let it go like that," Wang Mengmeng said, frowning.
"Never mind if you didn't say anything."
Zhang Xiuqin raised her eyes, her tone firm, and gave the final decision.
"My opinion is... First, the ruling confirms that Hengtong Trading Co., Ltd.'s decision to transfer Zhou Min to a different position and reduce her salary was illegal."
"Second, the court ruled to terminate the employment relationship between the two parties. Since the foundation of trust has been destroyed, forcing them to stay together would not benefit either of them."
"Third, in addition to the back pay for the wage difference, full attendance bonus, deductions for prenatal check-ups, and the economic compensation for termination of the labor contract claimed by the applicant, the court should also order the company to pay Zhou Min for the loss of wages and benefits during her pregnancy, maternity leave, and breastfeeding period."
Li Hao was stunned for a moment when he heard this.
"Three months' salary? This... isn't the sentence too harsh? That's almost twenty months' salary in total, plus severance pay, it'll be 180,000 to 190,000 yuan."
Is it heavy?
Zhang Xiuqin looked at him calmly, "Originally, if the company hadn't broken the law, Zhou Min could have worked normally until she gave birth, taken maternity leave and received maternity allowance, and enjoyed breastfeeding leave during the breastfeeding period. These are all her legal rights."
"Now, because of the company's malicious forced termination, she has lost her job and all these benefits. The company should naturally bear the losses!"
"Moreover, the punishment should be severe to serve as a deterrent."
"Don't they think it's cheap to force pregnant employees to leave? Then let them calculate exactly how much it costs to force a pregnant female employee to leave."
"If we only compensate each case with a little bit of basic salary, the company will never learn its lesson, and there will be a second or third Zhou Min in the future."
Wang Mengmeng nodded immediately, her eyes filled with agreement: "I agree with the presiding judge's opinion! This approach not only reflects the actual situation but also truly protects the rights of pregnant female employees, and it also serves as a deterrent to companies that try to exploit legal loopholes!"
Li Hao pondered for a few seconds and then nodded.
"Okay, this standard is indeed more reasonable."
"Reinstating employees to their posts is a temporary solution, not a permanent one. Directly terminating their contracts and providing compensation for the three periods of maternity leave and medical expenses not only corrects the illegality but also ensures the workers receive the compensation they deserve, and serves as a warning to other companies!"
The three reached a consensus.
Zhang Xiuqin picked up the pen and solemnly signed her name at the end of the judgment, her tone earnest.
"Draft the formal ruling based on this opinion, and pronounce the verdict in court shortly!"
"As adjudicators, we must not only adhere to the legal provisions, but also uphold the bottom line of reason and morality."
"We must not let law-abiding citizens suffer losses, nor should we allow those who exploit legal loopholes to profit!"
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