On August 3, 2020, Ms. Li, who works in a community of the Hezhuang Sub-district Office in Xiaoshan District, submitted an application for maternity leave to the unit because she was pregnant with “three children”. One say”. After Ms. Li put down the request for leave, she went home and waited for delivery.
On August 6, 2020, Ms. Li’s third child was born. Three months after childbirth, Ms. Li returned to work at the unit, but was told that “it will not be used anymore and will go through the formalities directly after a while.”
On December 16, 2020, Ms. Li received a “Certificate of Termination of Labor Contract”, stating: “Due to violation of Article 44 of the “Regulations on Population and Family Planning of Zhejiang Province” and the “Administration and Implementation of Full-time Community Workers in Hangzhou” According to Article 25, Item 6 of the Measures, Ms. Li will withdraw from the team of full-time community workers on December 15, 2020.”
Ms. Li believes that the employer’s dissolution of the labor relationship during her breastfeeding period is illegal, and she has applied to the Labor Arbitration Commission for a ruling on the payment of compensation and a replacement wage of more than 140,000 yuan by the original employer.
In this regard, the Hezhuang Sub-district Office stated that Ms. Li is a full-time community worker engaged in family planning related work. Under this circumstance, Ms. Li violated the family planning regulations to give birth to a third child, which caused an extremely serious impact on the sub-district office. .
On March 9, 2021, the Labor Arbitration Commission ruled that, in accordance with the relevant provisions of the “Zhejiang Province Population and Family Planning Regulations”, “The applicant (Ms. Li) did violate the relevant provisions of family planning, and the respondent (unit) ) The applicant may not be granted relevant maternity leave treatment”. According to the arbitration opinion, Ms. Li’s request for payment of wages and annual bonuses from maternity leave to the date of termination of the labor relationship is not recognized, and the request for compensation for her application is not recognized.
Ms. Li is not satisfied with the arbitration result, and she has filed a lawsuit with the Xiaoshan District People’s Court.